Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Date: 2010-12-14
Institutions: European Commission
Subjects: EU Member State, EU national, civil law, commercial law, enforcement of ruling, jurisdiction, mutual recognition principle

EN 

EN 

   EN 

 
EUROPEAN COMMISSION 

Brussels, 14.12.2010 
COM(2010) 748 final 

2010/0383 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on jurisdiction and the recognition and enforcement of judgments in civil and 
commercial matters 

(Recast) 

{SEC(2010) 1547 final} 
{SEC(2010) 1548 final} 

EN 

   EN 

 
 
  
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

General context 

This proposal is a recasting of Council Regulation (EC) No 44/2001 of 22 December 2001 on 
jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and  commercial 
matters (hereafter "Brussels I"). 

Regulation  Brussels  I  is  the  matrix  of  civil  judicial  cooperation  in  the  European  Union.  It 
applies  in  a  broad  range  of  matters,  covering  not  only  contractual  but  also  delictual  and 
proprietary  claims.  It  identifies  the  most  appropriate  jurisdiction  for  solving  a  cross-border 
dispute and ensures the smooth recognition and enforcement of judgments issued in another 
Member  State.  The  Regulation  replaced  the  1968  Brussels  Convention  which  had  been 
concluded  between  the  then  Member  States  and  been  successively  amended  to  reflect  the 
Union's  successive  enlargements.  It  applies  in  all  Member  States,  including,  by  way  of  a 
separate  international  agreement,  to  Denmark  which  has  a  special  regime  for  judicial 
cooperation under the Treaty on the Functioning of the European Union.  

The Regulation entered into force in March 2002. Eight years afterwards, the Commission has 
reviewed its operation in practice and considered necessary amendments to the instrument.  

1.2. 

Grounds for and objectives of the proposal 

While  the  Regulation  is  overall  considered  to  work  successfully,  the  consultation  of 
stakeholders and a number of legal and empirical studies commissioned by the Commission 
revealed a number of deficiencies in the current operation of the Regulation which should be 
remedied. Essentially, four main shortcomings can be identified: 

•  The  procedure  for  recognition  and  enforcement  of  a  judgment  in  another  Member  State 
("exequatur")  remains  an  obstacle  to  the  free  circulation  of  judgments  which  entails 
unnecessary  costs  and  delays  for  the  parties  involved  and  deters  companies  and  citizens 
from making full use of the internal market.  

•  Access to justice in the EU is overall unsatisfactory in disputes involving defendants from 
outside  the  EU.  With  some  exceptions,  the  current  Regulation  only  applies  where  the 
defendant is domiciled inside the EU. Otherwise jurisdiction is governed by national law. 
The  diversity  of  national  law  leads  to  unequal  access  to  justice  for  EU  companies  in 
transactions with partners from third countries: some can easily litigate in the EU, others 
cannot,  even  in  situations  where  no  other  court  guaranteeing  a  fair  trial  is  competent.  In 
addition, where national legislation does not grant access to court in disputes with parties 
outside  the  EU,  the  enforcement  of  mandatory  EU  law  protecting  e.g.  consumers, 
employees or commercial agents is not guaranteed.  

•  The  efficiency  of  choice  of  court  agreements  needs  to  be  improved.  Currently,  the 
Regulation  obliges  the  court  designated  by  the  parties  in  a  choice  of  court  agreement  to 
stay proceedings if another court has been seised first. This rule enables litigants acting in 
bad faith to delay the resolution of the dispute in the agreed forum by first seizing a non-
competent  court.  This  possibility  creates  additional  costs  and  delays  and  undermines  the 

EN 

3 

   EN 

legal  certainty  and  predictability  of  dispute  resolution  which  choice  of  court  agreements 
should bring about.  

•  The  interface  between  arbitration  and  litigation  needs  to  be  improved.  Arbitration  is 
excluded  from  the  scope  of  the  Regulation.  However,  by  challenging  an  arbitration 
agreement before a court, a party may effectively undermine the arbitration agreement and 
create a situation of inefficient parallel court proceedings which may lead to irreconcilable 
resolutions  of  the  dispute.  This  leads  to  additional  costs  and  delays,  undermines  the 
predictability of dispute resolution and creates incentives for abusive litigation tactics.  

A  detailed  analysis  of  the  problems  of  the  current  system  as  well  as  the  impacts  of  the 
different  options  considered  for  addressing  them  can  be  found  in  the  Impact  Assessment 
accompanying this proposal.  

The  overall  objective  of  the  revision  is  to  further  develop  the  European  area  of  justice  by 
removing the remaining obstacles to the free movement of judicial decisions in line with the 
principle  of  mutual  recognition.  The  importance  of  this  aim  has  been  emphasised  by  the 
European Council in its 2009 Stockholm Programme1. More specifically, the proposal aims at 
facilitating  cross-border  litigation  and  the  free  circulation  of  judgments  in  the  European 
Union. The revision should also contribute to create the necessary legal environment for the 
European economy to recover.  

2. 

CONSULTATION AND IMPACT ASSESSMENT 

This  proposal  was  preceded  by  an  extensive  consultation  of  the  interested  public,  Member 
States,  other  institutions  and  experts  on  the  existing  problems  of  the  current  system  and 
possible solutions to it. On 21 April 2009, the Commission adopted a report on the application 
of  the  Regulation  and  a  Green  Paper  putting  forward  suggestions  for  its  review  on  which  a 
total of 130 responses was received. The Commission took into account the results of several 
studies on different aspects of the revision, notably a 2007 study on the practical application 
of the Regulation2 and a 2006 study on residual jurisdiction3. Empirical data on the impact of 
the  different  options  for  reform  were  collected  by  two  further  external  studies4.  Two 
conferences  on  the  revision  were  co-organised  by  the  Commission  in  20095  and  20106.  A 
meeting with national experts was held in July 2010. A separate expert group was constituted 
on the issue of arbitration and three meetings were held in July, September and October 2010.  

1 
2 

3 

4 

5 

6 

the  University  of  Brussels  and  available  at 

the  University  of  Heidelberg  and  available  at 

Adopted at the meeting of the European Council of 10th and 11th December 2009. 
Conducted  by  Prof.  Burkhard  Hess  of 
http://ec.europa.eu/justice_home/doc_centre/civil/studies/doc_civil_studies_en.htm 
Conducted  by  Prof.  Arnaud  Nuyts  of 
http://ec.europa.eu/justice_home/doc_centre/civil/studies/doc_civil_studies_en.htm 
Study  on  Data  Collection  and  Impact  Analysis  Certain  Aspects  of  a  Possible  Revision  of  Council 
Regulation No 44/2001 on Jurisdiction and the REcognition and Enforcement of Judgments in civil and 
Commercial  matters,  conducted  by  the  Centre  for  Strategy  &  Evaluation  Services  (CSES),  2010 
to 
available  at  http://ec.europa.eu/justice/doc_centre/civil/studies/doc_civil_studies_en.htm;  Study 
evaluate  the  impact  of  a  possible  ratification  by  the  European  Community  of  the  2005  Hague 
Convention  on  Choiceof-Court  Agreements 
at 
http://ec.europa.eu/dgs/justice_home/evaluation/dg_coordination_evaluation_annexe_en.htm.  
Conference organised jointly with the University of Heidelberg and the Journal of Private International 
Law.  
Conference organised jointly with the Spanish Presidency. 

conducted  by  GHK,  2007, 

available 

EN 

4 

   EN 

                                                 
It results from the consultation process that views of stakeholders on the main elements of the 
reform  are  as  follows.  With  respect  to  the  abolition  of  exequatur,  a  large  majority  of 
stakeholders and all Member States supported the objective of a free movement of judgments 
within  the  European  Union.  There  was  also  a  general  support  for  the  abolition  of  the 
exequatur  procedure  as  a  means  to  achieve  that  objective.  A  very  large  majority  of 
stakeholders opined that the abolition of exequatur should be accompanied by safeguards, in 
particular  to  protect  the  rights  of  defence  of  the  party  against  whom  the  enforcement  is 
sought.  Views  differed  on  the  extent  of  such  safeguards  and  on  the  place  where  such 
safeguards  should  be  available  (Member  State  of  enforcement  or  Member  State  of  origin). 
Specific concerns were expressed with respect to the abolition of the exequatur in defamation 
cases and in collective redress proceedings. With respect to the operation of the Regulation in 
the  international  legal  order,  there  was  a  general  opinion  that  multilateral  negotiations  at 
international  level  would  constitute  the  most  appropriate  framework  for  regulation.  Failing 
such  framework,  views  diverged  on  the  best  way  forward.  While  a  number  of  stakeholders 
and Member States supported the extension of the jurisdiction rules to third State defendants, 
particularly  with  the  aim  of  ensuring  access  to  justice  before  the  courts  in  Europe,  most 
stakeholders thought that the recognition and enforcement of third State judgments should be 
left  to  a  multilateral  framework  which  would  ensure  reciprocity  at  international  level.  With 
respect  to  choice  of  court  agreements,  there  was  a  large  support  from  stakeholders  and 
Member States to improve the effectiveness of such agreements. Among the various ways to 
achieve that objective, preference was expressed for granting priority to the chosen court to 
decide on its jurisdiction. Such a mechanism would largely accord with the system established 
in  the  2005  Hague  Choice  of  Court  Agreements  Convention,  thus  ensuring  a  coherent 
approach within the Union and at international level were the Union to decide to conclude the 
2005  Convention  in  the  future.  With  respect  to  the  interface  between  the  Regulation  and 
arbitration,  while  many  stakeholders  recognised  the  problem  and  supported  future  action, 
several  arbitrators'  associations  expressed  concern  on  the  impact  of  any  regulation  on  the 
leading role of European arbitration centres at world-wide level. Views diverged on whether 
the  best  way  forward,  i.e.  either  to  actively  promote  arbitration  agreements  by  avoiding 
parallel proceedings and abusive litigation tactics or to exclude arbitration more broadly from 
the  scope  of  the  Regulation.  In  any  event,  most  stakeholders  expressed  general  satisfaction 
with the operation of the 1958 New York Convention which should not be undermined by any 
Union action on the matter. 

The Commission analysed the costs and benefits of the main aspects of the proposed reform 
in its Impact Assessment which accompanies this proposal.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

The proposed elements of the reform are as follows: 

•  Abolition of the intermediate procedure for the recognition and enforcement of judgments 
(exequatur) with the exception of judgments in defamation cases and judgments given in 
collective compensatory proceedings;  

•  Extension  of  the  jurisdiction  rules  of  the  Regulation  to  disputes  involving  third  country 
defendants,  including  regulating  the  situations  where  the  same  issue  is  pending  before  a 
court inside and outside the EU;  

EN 

5 

   EN 

•  Enhancement of the effectiveness of choice of court agreements; 

•  Improvement of the interface between the Regulation and arbitration; 

•  Better coordination of proceedings before the courts of Member States; 

•  Improvement of access to justice for certain specific disputes; and 

•  Clarification  of  the  conditions  under  which  provisional  and  protective  measures  can 

circulate in the EU. 

3.1.1.  Abolition of exequatur 

Civil judicial cooperation has developed in the context of the creation of an internal market in 
Europe  based  on  the  premise  of  mutual  recognition  of  judgments.  Such  mutual  recognition 
has been gradually improved by lowering the controls with respect to foreign judgments in the 
Union. Today, judicial cooperation and the level of trust among Member States has reached a 
degree of maturity which permits the move towards a simpler, less costly, and more automatic 
system of circulation of judgments, removing the existing formalities among Member States. 
The  proposal  therefore  abolishes  the  exequatur  procedure  for  all  judgments  covered  by  the 
Regulation's  scope  with  the  exception  of  judgments  in  defamation  and  compensatory 
collective  redress  cases.  The  abolition  of  exequatur  will  be  accompanied  by  procedural 
safeguards which ensure that the defendant's right to a fair trial and his rights of defence as 
guaranteed in Article 47 of the EU Charter on Fundamental Rights are adequately protected. 
The defendant would have three main remedies at his disposal by which he could prevent in 
exceptional circumstances that a judgment given in one Member State takes effect in another 
Member State: first, he would be able to contest the judgment in the Member State of origin if 
he was not properly informed about the proceedings in that State. Second, the proposal would 
create an extraordinary remedy in the Member State of enforcement which would enable the 
defendant  to  contest  any  other  procedural  defects  which  might  have  arisen  during  the 
proceedings before the court of origin and which may have infringed his right to a fair trial. A 
third remedy would enable the defendant to stop the enforcement of the judgment in case it is 
irreconcilable  with  another  judgment  which  has  been  issued  in  the  Member  State  of 
enforcement  or  -  provided  that  certain  conditions  are  fulfilled  –  in  another  country.  These 
safeguards  address  the  situations  which  are  currently  addressed  by  certain  of  the  existing 
refusal  grounds,  in  particular  in  order  to  ensure  the  protection  of  the  rights  of  the  defence, 
with  the  key  difference  that  control  of  substantive  public  policy  is  abolished.  As  such,  the 
time  and  costs  of  the  exequatur  procedure  will  be  saved  while  the  necessary  protection  of 
defendants will remain ensured.  

The proposal also contains a series of standard forms which aim at facilitating the recognition 
or enforcement of the foreign judgment in the absence of the exequatur procedure as well as 
the application for a review under the procedure safeguarding the rights of defence described 
above.  These  forms  will  facilitate  the  enforcement  of  the  judgment  by  the  competent 
authorities, in particular where interest and costs have to be calculated. They also reduce the 
need for a translation of the judgment and ease the application for a review of the judgment 
by the defendant who has to act in another Member State. 

The proposal retains the exequatur procedure for judgments in defamation cases in which an 
individual claims that rights relating to his personality or privacy have been violated by the 
media.  These  cases  are  particularly  sensitive  and  Member  States  have  adopted  diverging 

EN 

6 

   EN 

approaches on how to ensure compliance with the various fundamental rights affected, such 
as human dignity, respect for private and family life, protection of personal data, freedom of 
expression  and  information.  These  divergences,  in  combination  with  the  absence  of  a 
harmonised conflict rule at Union level (see Article 1(2)(g) of Regulation (EC) No 864/2007 
("Rome  II")7),  make  it  premature  to  presume  the  required  level  of  trust  yet  exists  between 
legal  systems  in  order  move  beyond  the  status  quo  on  this  matter.  It  therefore  seems 
preferable to retain temporarily the exequatur procedure for judgments in defamation cases, 
pending greater clarity on either substantive and/or conflict rules in this area..  

Exequatur is equally retained for judgments in proceedings brought by a group of claimants, a 
representative  entity  or  a  body  acting  in  the  public  interest  and  which  concern  the 
compensation  of  harm  caused  by  unlawful  business  practices  to  a  multitude  of  claimants 
("collective redress"). The existing mechanisms to compensate a group of victims harmed by 
illegal business practices vary widely throughout the EU. Essentially, every national system 
of compensatory redress is unique and there are no two national systems that are alike in this 
area. Some of the procedures only apply in very specific sectors (e.g. the recovery of capital 
investment losses in Germany or damage caused by anti-competitive practices in the United 
Kingdom);  others  have  a  larger  scope  (e.g.  the  Spanish  collective  redress  procedures).  A 
second  difference  concerns  the  legal  standing  in  compensatory  redress  proceedings:  some 
Member  States  have  vested  public  authorities  with  the  power  to  institute  proceedings  in 
certain areas (e.g. the Ombudsman in Finland), others grant standing to private organisations 
such  as  consumer  associations  (e.g.  Bulgaria)  or  to  individuals  acting  on  behalf  of  a  group 
(e.g.  Portugal).  Many  Member  States  have  a  combination  of  several  rules  on  standing.  A 
further  difference  concerns  the  category  of  victims  that  can  make  use  of  compensatory 
collective  redress.  Most  of  the  national  systems  referred  to  above  allow  for  compensatory 
redress  for  consumers  whereas  only  a  few  also  allow  for  compensatory  redress  for  other 
victims  such  as  small  businesses.  Differences  also  relate  to  the  effect  of  a  judgment  on  the 
members of the group concerned: in most Member States, the decision only binds those who 
have expressly consented to the proceedings ("opt-in", e.g. Sweden, Italy). In a few Member 
States,  the  decision  becomes  binding  for  all  members  of  the  group  unless  they  opted  out 
(Portugal, Denmark, Netherlands). In addition, there are differences between Member States 
as  to  the  moment  at  which  those  entitled  to  claims  are  individually  identified;  in  some 
Member  States,  the  identification  must  take  place  when  the  representative  action  is  brought 
(e.g. the United Kingdom), whilst in others, it can take place at a later stage (e.g. Poland and 
Spain). There are also notable differences governing the funding of collective redress actions, 
the distribution of proceeds and the use of alternative dispute resolution mechanisms. In view 
of these large differences, the required level of trust cannot be presumed at this stage. That is 
why  the  Commission  is  to  carry  out  a  public  consultation  on  a  European  approach  to 
collective  redress  to  identify  which  forms  of  collective  redress  could  fit  into  the  EU  legal 
system and into the legal orders of the 27 EU Member States. The public consultation shall 
allow inter alia to determine how efficient the rules on European civil and procedural law are 
for collective actions and judgments to be enforceable throught the EU. Pending the outcome 
of  this  consultation,  it  is  premature  to  move  beyond  the  status  quo  in  matters  concerning 
compensatory collective redress by abolishing the exequatur procedure for judgments granted 
in  collective  proceedings.  Should  the  consultation  lead  to  the  adoption  of  harmonising  or 
approximating  measures  in  this  field,  the  provisions  of  the  present  draft  regulation  on 
suppression of the exequatur should be extended in a consistent manner to such procedures. 
Such  an  extension  should  be  without  prejudice  to  the  possibility  for  the  Commission  to 

7 

OJ L 199, 31.7.2007, p. 40. 

EN 

7 

   EN 

                                                 
propose the abolition of intermediate measures for collective damages proceedings even in the 
absence of such harmonisation or approximation measures, in the light of evidence regarding 
the efficiency and acceptability of such a development in the European judicial order. 

3.1.2. 

Improving the functioning of the Regulation in the international legal order 

Several  modifications  are  proposed  with  the  aim  of  improving  the  functioning  of  the 
Regulation in the international legal order.  

•  The  proposal  extends  the  Regulation's  jurisdiction  rules  to  third  country 
defendants. This amendment will generally extend the possibilities of companies 
and citizens to sue third country defendants in the EU because the special rules of 
jurisdiction  which  e.g.  establish  jurisdiction  at  the  place  of  contractual 
performance  become  available  in  these cases.  More  specifically,  the  amendment 
will  ensure  that  the  protective  jurisdiction  rules  available  for  consumers, 
employees  and  insured  will  also  apply  if  the  defendant  is  domiciled  outside  the 
EU.  

•  The proposal further harmonises the subsidiary jurisdiction rules and creates two 
additional fora for disputes involving defendants domiciled outside the EU. First, 
the  proposal  provides  that  a  non-EU  defendant  can  be  sued  at  the  place  where 
moveable  assets  belonging  to  him  are  located  provided  their  value  is  not 
disproportionate  to  the  value  of  the  claim  and  that  the  dispute  has  a  sufficient 
connection with the Member State of the court seised. In addition, the courts of a 
Member State will be able to exercise jurisdiction if no other forum guaranteeing 
the right to a fair trial is available and the dispute has a sufficient connection with 
the  Member  State  concerned  ("forum  necessitatis").  The  harmonisation  of 
subsidiary jurisdiction ensures that citizens and companies have equal access to a 
court  in  the  Union  and  that  there  is  a  level  playing  field  for  companies  in  the 
internal market in this respect. The harmonised rules compensate the removal of 
the existing national rules. First, the forum of the location of assets balances the 
absence of the defendant in the Union. Such a rule currently exists in a sizeable 
group of Member States and has the advantage of ensuring that a judgment can be 
enforced  in  the  State  where  it  was  issued.  Second,  the  forum  of  necessity 
guarantees the right to a fair trial of EU claimants, which is of particular relevance 
for EU companies investing in countries with immature legal systems.  

•  The proposal introduces a discretionary lis pendens rule for disputes on the same 
subject matter and between the same parties which are pending before the courts 
in the EU and in a third country. A court of a Member State can exceptionally stay 
proceedings if a non-EU court was seised first and it is expected to decide within 
a reasonable time and the decision will be capable of recognition and enforcement 
in that Member State. This amendment aims at avoiding parallel proceedings in- 
and outside the EU.  

EN 

8 

   EN 

3.1.3.  Enhancement of the effectiveness of choice of court agreements 

The proposal includes two amendments which aim at improving the effectiveness of choice of 
court agreements:  

Where  the  parties  have  designated  a  particular  court  or  courts  to  resolve  their  dispute,  the 
proposal gives priority to the chosen court to decide on its jurisdiction, regardless of whether 
it is first or second seised. Any other court has to stay proceedings until the chosen court has 
established or – in case the agreement is invalid – declined jurisdiction. This modification will 
increase  the  effectiveness  of  choice  of  court  agreements  and  eliminate  the  incentives  for 
abusive litigation in non-competent courts. 

Moreover,  the  proposal  introduces  a  harmonised  conflict  of  law  rule  on  the  substantive 
validity  of  choice  of  court  agreements,  thus  ensuring  a  similar  outcome  on  this  matter 
whatever the court seised. 

Both  modifications  reflect  the  solutions  established  in  the  2005  Hague  Convention  on  the 
Choice of Court Agreements, thereby facilitating a possible conclusion of this Convention by 
the European Union. 

3.1.4. 

Improvement of the interface between the regulation and arbitration  

The  proposal  includes  a  specific  rule  on  the  relation  between  arbitration  and  court 
proceedings.  It  obliges  a  court  seised  of  a  dispute  to  stay  proceedings  if  its  jurisdiction  is 
contested on the basis of an arbitration agreement and an arbitral tribunal has been seised of 
the case or court proceedings relating to the arbitration agreement have been commenced in 
the  Member  State  of  the  seat  of  the  arbitration.  This  modification  will  enhance  the 
effectiveness  of  arbitration  agreements  in  Europe,  prevent  parallel  court  and  arbitration 
proceedings, and eliminate the incentive for abusive litigation tactics.  

3.1.5.  Better coordination of legal proceedings before the courts of Member States 

A further set of modifications aims at improving the coordination of legal proceedings in the 
Member States. These are as follows: 

•  The proposal aims at improving the general lis pendens rule by prescribing a time 
limit  for  the  court  first  seised  to  decide  on  its  jurisdiction.  In  addition,  the 
amendment provides for an exchange of information between the courts seised of 
the same matter.  

•  The  proposal  facilitates  the  consolidation  of  related  actions  by  doing  away  with 

the requirement that consolidation has to be possible under national law. 

•  Concerning provisional, including protective measures, the proposal provides for 
the free circulation of those measures which have been granted by a court having 
jurisdiction on the substance of the case, including – subject to certain conditions 
–  of  measures  which  have  been  granted  ex  parte.  By  contrast,  the  proposal 
prevents the circulation of provisional measures ordered by a court other than the 
one  having  jurisdiction  on  the  substance.  Given  the  wide  divergence  of  national 
law on this issue, the effect of these measures should be limited to the territory of 
the Member State where they were granted, thereby preventing the risk of abusive 

EN 

9 

   EN 

forum-shopping. Finally, if proceedings on the substance are pending in one court 
and another one is asked to issue a provisional measure, the proposal requires the 
two  courts  to  cooperate  in  order  to  ensure  that  all  circumstances  of  the  case  are 
taken into account when a provisional measure is granted.  

3.1.6. 

Improving access to justice 

A final set of amendments improves the practical functioning of the jurisdiction rules. These 
include:  

•  the creation of a forum for claims of rights in rem at the place where moveable assets are 

located;  

•  the  possibility  for  employees  to  bring  actions  against  multiple  defendants  in  the 
employment  area  under  Article  6(1).  This  possibility  existed  under  the  1968  Brussels 
Convention.  Its  reinsertion  in  the  Regulation  will  benefit  employees  who  wish  to  bring 
proceedings  against  joint  employers  established  in  different  Member  States  (see  the 
situation  referred  to  in  Case  C-462/06).  Restoring  the  possibility  to  consolidate 
proceedings against several defendants in this context will mainly benefit employees. The 
reverse  situation,  i.e.  where  an  employer  would  consolidate  proceedings  against  several 
employees,  does  not  seem  to  arise  in  practice  in  matters  of  individual  contracts  of 
employment; 

•  the possibility to conclude a choice of court agreement for disputes concerning the tenancy 

of premises for professional use, and 

•  the  mandatory  information  of  a  defendant  entering  an  appearance  about  the  legal 

consequences of not contesting the court's jurisdiction. 

3.2. 

Legal basis 

This proposal amends Regulation 44/2001 which was based on Article 61 (c) and 67 (1) of the 
Treaty  establishing  the  European  Community.  Since  the  entry  into  force  of  the  Treaty  of 
Lisbon,  the  corresponding  legal  base  is  Article  81  (2)  (a),  (c)  and  (e)  of  the  Treaty  on  the 
Functioning of the European Union. 

Title  V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union  is  not 
applicable to Denmark by reason of the Protocol on the position of Denmark annexed to the 
Treaties. However, the rules of Regulation 44/2001 have been extended to Denmark by virtue 
of the agreement of 19 October 2005 between the European Community and the Kingdom of 
Denmark  on  jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and 
commercial  matters.  This  agreement  also  contains  a  mechanism  which  enables  Denmark  to 
apply any instrument modifying Regulation 44/2001. 

Title V is also not applicable to the United Kingdom and Ireland, unless those two countries 
decide  otherwise,  in  accordance  with  the  relevant  rules  of  the  Protocol  on  their  position  in 
respect of the area of Freedom, Security and Justice.  

3.3. 

Subsidiarity and Proportionality 

The  different  elements  of  the  revision  outlined  above  comply  with  the  requirements  of 
subsidiarity  and  proportionality.  As  to  subsidiarity,  the  abolition  of  exequatur  cannot  be 

EN 

10 

   EN 

achieved  by  the  Member  States  because  the  procedure  has  been  harmonised  by  Regulation 
Brussels I and can, therefore, only be amended by way of a regulation. The same reasoning 
applies  for  the  improvement  of  the  existing  rules  on  jurisdiction  and  the  coordination  of 
proceedings  between  Member  States.  As  regards  the  proposed  harmonisation  of  Member 
States'  residual  jurisdiction,  the  current  divergence  of  national  rules  creates  unequal  market 
conditions  for  companies  engaged  in  transactions  with  parties  outside  the  EU.  Only 
legislation at European level can create a level playing field. As concerns finally the interface 
with arbitration,  Member States cannot by themselves ensure that arbitration proceedings in 
their  Member  State  are  properly  coordinated  with  court  proceedings  going  on  in  another 
Member  State  because  the  effect  of  national  legislation  is  limited  by  the  territoriality 
principle. Action at EU level is therefore necessary. 

The impact assessment attached to this proposal demonstrates that the benefits of each of the 
proposed  amendments  outweigh  their  costs  and  the  proposed  measures  are  therefore 
proportionate.  

3.4. 

Impact on fundamental rights 

As set out in detail in the impact assessment accompanying this proposal and in accordance 
with  the  Union's  Strategy  for  the  effective  implementation  of  the  Charter  of  Fundamental 
Rights  of  the  European  Union8,  all  elements  of  the  reform  respect  the  rights  set  out  in  the 
Charter of Fundamental rights, and, in particular, the right to an effective remedy and the right 
to a fair trial guaranteed in its Article 47. They also improve the level of consumer protection 
referred to in Article 38. The abolition of exequatur will be accompanied by the creation of 
special review procedures which ensure that the defendant has an effective remedy and that a 
judgment which does not respect his right to a fair trial or rights of defence will not take effect 
vis-à-vis him. The changes envisaged for the international legal order will improve access to 
justice in the European Union for citizens, in particular weaker parties, and companies. The 
elimination  of  the  possibilities  of  circumventing  a  choice  of  court  or  arbitration  agreement 
reduces  the  risk  of  parallel  proceedings,  thereby  improving  the  general  efficiency  of  justice 
and  the  freedom  to  conduct  a  business  as  referred  to  in  Article  16  of  the  Charter.  Finally, 
nothing  in  this  Regulation  affects  the  fundamental  right  of  workers  and  employers,  or  their 
respective  organisations,  to  negotiate  and  conclude  collective  agreements  and,  in  cases  of 
conflicts of interests, to take collective action to defend their interests, including strike action, 
as referred to in Article 28 of the Charter. 

8 

Communication from the Commission, COM(2010) 573final of 19.10.2010. 

EN 

11 

   EN 

                                                 
(cid:208) 44/2001 

2010/0383 (COD) 

Proposal for a 

COUNCIL REGULATION (EC) No 44/2001 OF THE EUROPEAN PARLIAMENT 
AND OF THE COUNCIL 

of 22 December 2000 

on jurisdiction and the recognition and enforcement of judgments in civil and 
commercial matters 

(Recast) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community ⌦ on the Functioning of 
the  European  Union ⌫  ,  and  in  particular  Article  61(c)  ⌦ 67(4) ⌫  and  Article  67(1) 
⌦ 81(2)(a), (c), and (e) ⌫ thereof, 

(cid:208) 44/2001 (adapted) 

Having regard to the proposal from the European Commission9, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Parliament10, 

(cid:208) 44/2001 

Having regard to the opinion of the European Economic and Social Committee11, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

Council  Regulation  (EC)  No  44/2001  of  22  December  2000  on  jurisdiction  and  the 
recognition and enforcement of judgments in civil and commercial matters12 has been 

(cid:216) new 

9 
10 
11 

OJ C 376, 28.12.1999, p. 1. 
Opinion delivered on 21 September 2000 (not yet published in the Official Journal). 
OJ C 117, 26.4.2000, p. 6. OJ C […], […], p. […]. 

EN 

12 

   EN 

 
 
 
 
                                                 
amended several times13. Since further amendments are to be made, it should be recast 
in the interests of clarity. 

(cid:208) 44/2001 recital 1 (adapted) 

(2) 

The  Community  ⌦ Union ⌫  has  set  itself  the  objective  of  maintaining  and 
developing  an  area  of  freedom,  security  and  justice,  in  which  the  free  movement  of 
persons is ensured ⌦ facilitating access to justice, in particular through the principle 
of  mutual  recognition  of  judicial  and  extra-judicial  decisions  in  civil  matters ⌫  .  In 
order  to  establish  progressively  such  an  area,  the  Community  ⌦ Union ⌫  should 
adopt,  amongst  other  things,  the  measures  relating  to  judicial  cooperation  in  civil 
matters  which  are  ⌦ ,  particularly  when ⌫  necessary  for  the  sound  operation 
⌦ proper functioning ⌫ of the internal market. 

(cid:208) 44/2001 recital 2 
(cid:214) new 

(3) 

Certain  differences  between  national  rules  governing  jurisdiction  and  recognition  of 
judgments hamper the sound operation of the internal market. Provisions to unify the 
rules  of  conflict  of  jurisdiction  in  civil  and  commercial  matters  and  to  simplify  the 
formalities with a view to (cid:214) ensure  rapid and simple recognition and enforcement 
of judgments from Member States bound by this Regulation are essential. 

(4) 

This area is within the field of judicial cooperation in civil matters within the meaning 
of  Article  65  ⌦ 81 ⌫  of  the  Treaty  ⌦ on  the  Functioning  of  the  European 
Union ⌫ . 

(cid:208) 44/2001 recital 3 (adapted) 

(5) 

In order to attain the objective of free movement of judgments in civil and commercial 
matters,  it  is  necessary  and  appropriate  that  the  rules  governing  jurisdiction  and  the 
recognition  and  enforcement  of  judgments  be  governed  by  a  Community  legal 
instrument ⌦ of the Union ⌫ which is binding and directly applicable. 

(cid:208) 44/2001 recital 6 (adapted) 

(cid:208) 44/2001 recital 4 (adapted) 

(6)  ⌦Since  the  objective  of  this  Regulation  cannot  be  sufficiently  achieved  by  the 
Member  States  and  can  be  better  achieved  at  Union  level,  the  Union  may  adopt 
measures⌫ in accordance with the principle of subsidiarity as set out in Article 5 of 
the Treaty on European Union. ⌦ In accordance with the principle of proportionality, 
as set out in that Article, this Regulation does not go beyond what is necessary in order 
to achieve that objective. ⌫ 

12 
13 

OJ L 012, 16.1.2001, p. 1. 
See Annex VII. 

EN 

13 

   EN 

 
 
 
 
 
                                                                                                                                                         
(7) 

(8) 

(cid:208) 44/2001 recital 5 (adapted) 

On 27 September 1968 the Member States, acting under Article 293, fourth indent, of 
the  Treaty  ⌦ establishing  the  European  Community ⌫  ,  concluded  the  Brussels 
Convention  on  Jurisdiction  and  the  Enforcement  of  Judgments  in  Civil  and 
Commercial  Matters,  as  amended  by  Conventions  on  the  Accession  of  the  New 
Member  States  to  that  Convention  (hereinafter  referred  to  as  the  ‘Brussels 
Convention’)14.  On  16  September  1988  Member  States  and  EFTA  States  concluded 
the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and 
Commercial Matters, which is a parallel Convention to the 1968 Brussels Convention. 

(cid:216) new 

On  22  December  2000,  the  Council  adopted  Regulation  (EC)  No  44/2001  on 
jurisdiction and the recognition and enforcement of judgment in civil and commercial 
matters,  which  replaced  the  Brussels  Convention  insofar  as  Union  territory  is 
concerned  as  between  all  Member  States  except  Denmark.  By  Council  Decision 
2006/325/EC  of  27  April  2006,  the  Union  concluded  an  agreement  with  Denmark 
ensuring the application of the provisions of Regulation No 44/2001 in Denmark. The 
1988 Lugano Convention was revised by the Lugano Convention on Jurisdiction and 
the  Recognition  and  Enforcement  of  Judgments  in  Civil  and  Commercial  Matters, 
concluded on 30 October 2007 by the Union, Denmark and EFTA states15. Continuity 
in the interpretation of these Conventions and this Regulation should be ensured. 

(9) 

On 21 April 2009, the Commission adopted a report on the application of Regulation 
(EC)  No  44/200116.  The  report  concluded  that,  in  general,  the  operation  of  the 
Regulation is satisfactory, but that it is desirable to improve the application of certain 
of  its  provisions,  further  facilitate  the  free  circulation  of  judgments,  and  further 
enhance access to justice.  

(cid:208) 44/2001 recital 7 (adapted) 

(10)  The scope of this Regulation should cover all the main civil and commercial matters 
apart  from  certain  well-defined  matters.  ⌦  In  light  of  the  adoption  of  Council 
Regulation  (EC)  No  4/2009  of  18  December  2008  on  jurisdiction,  applicable  law, 
recognition  and  enforcement  of  decisions  and  cooperation  in  matters  relating  to 
maintenance  obligations,  these  matters  should  be  excluded  from  the  scope  of  this 
Regulation. ⌫ 

14 

15 
16 

OJ  L  299,  31.12.1972,  p.  32.OJ  L  304,  30.10.1978,  p.  1.OJ  L  388,  31.12.1982,  p.  1.OJ  L  285, 
3.10.1989, p. 1.OJ C 15, 15.1.1997, p. 1.For a consolidated text, see OJ C 27, 26.1.1998, p. 1. 
OJ L 339, 21.12.2007, p. 1.  
Report  from  the  Commission  to  the  European  Parliament,  the  Council  and  the  Economic  and  Social 
Committee  on  the  application  of  Council  Regulation  (EC)  No  44/2001  on  jurisdiction  and  the 
recognition and enforcement of judgments in civil and commercial matters, COM (2009) 174 final. 

EN 

14 

   EN 

 
 
 
                                                 
(cid:216) new 

(11)  This  Regulation  does  not  apply  to  arbitration,  save  in  the  limited  case  provided  for 
therein.  In  particular,  it  does  not  apply  to  the  form,  existence,  validity  or  effects  of 
arbitration  agreements,  the  powers  of  the  arbitrators,  the  procedure  before  arbitral 
tribunals,  and  the  validity,  annulment,  and  recognition  and  enforcement  of  arbitral 
awards. 

There must be a link between proceedings to which this Regulation applies and the territory 
of  the  Member  States  bound  by  this  Regulation.  Accordingly  common  rules  on  jurisdiction 
should, in principle, apply when the defendant is domiciled in one of those Member States. 

(cid:208) 44/2001 recital 8 

A  defendant  not  domiciled  in  a  Member  State  is  in  general  subject  to  national  rules  of 
jurisdiction applicable in the territory of the Member State of the court seised, and a defendant 
domiciled  in  a  Member  State  not  bound  by  this  Regulation  must  remain  subject  to  the 
Brussels Convention. 

(cid:208) 44/2001 recital 9 

For  the  purposes  of  the  free  movement  of  judgments,  judgments  given  in  a  Member  State 
bound by this Regulation should be recognised and enforced in another Member State bound 
by this Regulation, even if the judgment debtor is domiciled in a third State. 

(cid:208) 44/2001 recital 10 

(cid:208) 44/2001 recital 11 

(12)  The rules of jurisdiction should be highly predictable and founded on the principle that 
jurisdiction  is  generally  based  on  the  defendant's  domicile  and  jurisdiction  should 
always be available on this ground save in a few well-defined situations in which the 
subject-matter  of  the  litigation  or  the  autonomy  of  the  parties  warrants  a  different 
linking factor. The domicile of a legal person must be defined autonomously so as to 
make the common rules more transparent and avoid conflicts of jurisdiction. 

(cid:208) 44/2001 recital 12 
(cid:214) new 

(13) 

In  addition  to  the  defendant's  domicile,  there  should  be  alternative  grounds  of 
jurisdiction  based  on  a  close  link  between  the  court  and  the  action  or  in  order  to 
facilitate  the  sound  administration  of  justice.  (cid:214) The  existence  of  a  close  link  should 
ensure legal certainty avoiding that the defendant is sued before a court of a Member 
State which was not reasonably foreseeable for him. This is important, particularly in 
disputes  concerning  non-contractual  obligations  arising  out  of  violations  of  privacy 
and rights relating to personality, including defamation.  

EN 

15 

   EN 

 
 
 
 
 
 
(14) 

In relation to insurance, consumer contracts and employment, the weaker party should 
be protected by rules of jurisdiction more favourable to his interests than the general 
rules provide for. 

(cid:208) 44/2001 recital 13 

(15)  The  autonomy  of  the  parties  to  a  contract,  other  than  an  insurance,  consumer  or 
employment  contract,  where  only  limited  autonomy  to  determine  the  courts  having 
jurisdiction  is  allowed,  must  be  respected  subject  to  the  exclusive  grounds  of 
jurisdiction laid down in this Regulation. 

(cid:208) 44/2001 recital 14 

(cid:216) new 

(16) 

In order to promote the interests of claimants and defendants and promote the proper 
administration  of  justice  within  the  Union,  the  circumstance  that  the  defendant  is 
domiciled in a third State should no longer entail the non-application of certain Union 
rules on jurisdiction, and there should no longer be any referral to national law.  

(17)  This  Regulation  should  therefore  establish  a  complete  set  of  rules  on  international 
jurisdiction  of  the  courts  in  the  Member  States.  The  existing  rules  on  jurisdiction 
ensure  a  close  link  between  proceedings  to  which  this  Regulation  applies  and  the 
territory of the Member States which justifies their extension to defendants wherever 
they are domiciled. In addition, this Regulation should determine the cases in which a 
court in a Member State may exercise subsidiary jurisdiction.  

(cid:208) 44/2001 recital 15 

(18) 

In the interests of the harmonious administration of justice it is necessary to minimise 
the possibility  of  concurrent proceedings and to  ensure  that irreconcilable judgments 
will  not  be  given  in  two  Member  States.  There  must  be  a  clear  and  effective 
mechanism  for  resolving  cases  of  lis  pendens  and  related  actions  and  for  obviating 
problems flowing from national differences as to the determination of the time when a 
case  is regarded as  pending.  For  the  purposes of this Regulation that time  should be 
defined autonomously. 

(cid:216) new 

(19)  The effectiveness of choice of court agreements should be improved in order to give 
full effect to the will of the parties and avoid abusive litigation tactics. This Regulation 
should therefore grant priority to the court designated in the agreement to decide on its 
jurisdiction, regardless of whether it is first or second seised.  

(20)  The effectiveness of arbitration agreements should also be improved in order to give 
full effect to the will of the parties. This should be the case, in particular, where the 
agreed  or  designated  seat  of  an  arbitration  is  in  a  Member  State.  This  Regulation 
should  therefore  contain  special  rules  aimed  at  avoiding  parallel  proceedings  and 
abusive  litigation  tactics  in  those  circumstances.  The  seat  of  the  arbitration  should 

EN 

16 

   EN 

 
 
 
 
 
refer to the seat selected by the parties or the seat designated by an arbitral tribunal, by 
an  arbitral  institution  or  by  any  other  authority  directly  or  indirectly  chosen  by  the 
parties. 

(21)  A  flexible  mechanism  should  exist  allowing the courts in the Member States to take 
into  account  proceedings  pending  before  the  courts  of  third  States,  considering  in 
particular  the  proper  administration  of  justice  and  whether  or  not  any  third  State 
judgment is capable of recognition and enforcement in that Member State. 

(22)  The  notion  of  provisional,  including  protective  measures  should  be  clarified.  They 
should  include,  in  particular,  protective  orders  aimed  at  obtaining  information  or 
preserving evidence, thus covering search and seizure orders as referred to in Article 6 
and 7 of Directive 2004/48/EC of the European Parliament and of the Council of 29 
April  2004  on  the  enforcement  of  intellectual  property  rights17.  They  should  not 
include measures which are not of a protective nature, such as measures ordering the 
hearing  of  a  witness  for  the  purpose  of  enabling  the  applicant  to  decide  whether  to 
bring a case. 

Mutual trust in the administration of justice in the Community justifies judgments given in a 
Member  State  being  recognised  automatically without  the need  for  any  procedure  except  in 
cases of dispute. 

(cid:208) 44/2001 recital 16 

(cid:208) 44/2001 recital 17 

By virtue of the same principle of mutual trust, the procedure for making enforceable in one 
Member  State  a  judgment  given  in  another  must  be  efficient  and  rapid.  To  that  end,  the 
declaration  that  a  judgment  is  enforceable  should  be  issued  virtually  automatically  after 
purely formal checks of the documents supplied, without there being any possibility for  the 
court to raise of its own motion any of the grounds for non-enforcement provided for by this 
Regulation. 

(cid:208) 44/2001 recital 18 

However,  respect  for  the  rights  of  the  defence  means  that  the  defendant  should  be  able  to 
appeal  in  an  adversarial  procedure,  against  the  declaration  of  enforceability,  if  he  considers 
one  of  the  grounds  for  non-enforcement  to  be  present.  Redress  procedures  should  also  be 
available  to  the  claimant  where  his  application  for  a  declaration  of  enforceability  has  been 
rejected. 

(23)  Mutual trust in the administration of justice in the Union and the aim of making cross-
border  litigation  less  time  consuming  and  costly  justify  the  abolition  of  the  existing 
intermediate measures to be taken prior to enforcement in the Member State in which 
enforcement is sought. As a result, a judgment given by the courts of a Member State 

(cid:216) new 

17 

OJ L 157, 30.4.2004, p. 45. 

EN 

17 

   EN 

 
 
 
 
                                                 
should, for enforcement purposes, be treated as if it had been delivered in the Member 
State  in  which  enforcement  is  sought.  However,  in  the  light  of  the  divergences 
between  Member  States'  systems  and  the  particular  sensitivity  of  matters  relating  to 
defamation  and  compensation  obtained  in  collective  proceedings,  the  current 
procedure for recognition and enforcement should be maintained for the time being for 
judgments given on such matters, pending further developments of the law in this area. 
The  scope  of  the  specific  provision  relating  to  defamation  should  correspond  to  the 
scope of the exclusion of this matter in Regulation (EC) No 864/2007 of the European 
Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual 
obligations  (Rome  II)  and  should  be  interpreted  in  the  same  way.  The  provisions 
abolishing  intermediate  enforcement  measures  should  be  extended  to  judgments 
ordering compensation in collective proceedings in the event of adoption of measures 
for  the  harmonisation  or  approximation  of  the  procedural  rules  applicable  to  such 
proceedings. Such an extension should be without prejudice to the possibility for the 
Commission to propose the abolition of intermediate measures for collective damages 
proceedings even in the absence of such harmonisation or approximation measures, in 
the light of evidence regarding the efficiency and acceptability of such a development 
in the European judicial order. 

(24)  The  abolition  of  intermediate  measures  should  be  accompanied  by  necessary 
safeguards aimed in particular at ensuring full respect of the rights of the defence and 
fair  trial,  as  established  in  Article  47  of  the  Charter  of  Fundamental  Rights  of  the 
European  Union.  This  requires  putting  in  place,  at  the  stage  of  enforcement, 
extraordinary remedies for the benefit of defendants who did not enter an appearance 
as  a  result  of  a  lack  of  notice  or  who  otherwise  suffered  procedural  defects  in  the 
proceedings before the court of origin which may amount to an infringement of Article 
47 of the Charter. 

(25)  The removal of intermediate measures requires an adaptation of the free circulation of 
provisional,  including  protective  measures.  Where  such  measures  are  ordered  by  a 
court having jurisdiction as to the substance of a dispute, their free circulation should 
be  ensured.  Where,  however,  such  measures  are  adopted  by  a  court  not  having 
jurisdiction as to the substance, the effect of such measures should be confined to the 
territory of that Member State. Furthermore, the free circulation of measures ordered 
ex parte should be allowed if accompanied by appropriate safeguards. 

(cid:208) 44/2001 recital 19 (adapted) 

(26)  Continuity  between  the  Brussels  Convention  and  this  Regulation  should  be  ensured, 
and  transitional  provisions  should  be  laid  down  to  that  end.  The  same  need  for 
continuity applies as regards the interpretation of the Brussels Convention ⌦ and the 
Regulations  replacing  it ⌫  by  the  Court  of  Justice  of  the  European  Communities 
⌦ Union ⌫ and the 1971 Protocol18 should remain applicable also to cases already 
pending when this Regulation enters into force. 

18 

OJ L 204, 2.8.1975, p. 28.OJ L 304, 30.10.1978, p. 1.OJ L 388, 31.12.1982, p. 1.OJ L 285, 3.10.1989, 
p. 1.OJ C 15, 15.1.1997, p. 1.For a consolidated text see OJ C 27, 26.1.1998, p. 28. 

EN 

18 

   EN 

 
                                                 
(cid:216) new 

(27)  This  Regulation  should  ensure  full  respect  for  fundamental  rights  as  set  out  in  the 
Charter  of  Fundamental  Rights  of  the  European  Union,  in  particular  the  right  to  an 
effective  remedy  and  the  right  to  a  fair  trial  guaranteed  in  Article  47  of  the  Charter. 
Nothing  in  this  Regulation  should  affect  the  freedom  of  expression  and  information 
(Article  11),  the  right  to  private  and  family  life  (Article  7),  nor  the  right  of  workers 
and  employers,  or  their  respective  organisations,  in  accordance  with  Union  law  and 
national  law  and  practices,  to  negotiate  and  conclude  collective  agreements  at  the 
appropriate  levels  and,  in  cases  of  conflicts  of  interest,  to  take  collective  action  to 
defend their interests, including strike action (Article 28).  

(cid:208) 44/2001 recital 20 (adapted) 
(cid:214) new 

(28)  The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the 
position  of  the  United  Kingdom  and  Ireland  in  respect  of  the  Area  of  Freedom, 
Security and Justice, annexed to the Treaty on European Union and to the Treaty on 
the  Functioning  of  the  European  Union,  have  given  notice  of  their  wish  to  take 
⌦ took ⌫ part in the adoption and application of this Regulation (EC) No 44/2001. 
(cid:214) In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  the  United 
Kingdom and Ireland annexed to the Treaty on European Union and the Treaty on the 
Functioning  of  the  European  Union,  [the  United  Kingdom  and  Ireland  have  notified 
their  wish  to  participate  in  the  adoption  and  application  of  this  Regulation]/[without 
prejudice  to  Article  4  of  the  Protocol,  the  United  Kingdom  and  Ireland  will  not 
participate in the adoption of this Regulation and will not be bound by it or be subject 
to its application] . 

(cid:208) 44/2001 recital 21 (adapted) 
(cid:214) new 

(29)  Denmark,  in  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of 
Denmark annexed to the Treaty on European Union and to the Treaty establishing the 
European Community ⌦ on the Functioning of the European Union ⌫ , is not taking 
part in the adoption of this Regulation, and is therefore not bound by it nor subject to 
its  application  (cid:214) ,  without  prejudice  of  the  possibility  for  Denmark  of  applying  the 
amendments to  Regulation (EC) No 44/2001 pursuant to Article  3  of the Agreement 
between the European Community and the Kingdom of Denmark on jurisdiction and 
the recognition and enforcement of judgments in civil and commercial matters done on 
19 October 2005 19  . 

Since  the  Brussels  Convention  remains  in  force  in  relations  between  Denmark  and  the 
Member States that are bound by this Regulation, both the Convention and the 1971 Protocol 
continue to apply between Denmark and the Member States bound by this Regulation. 

(cid:208) 44/2001 recital 22 

19 

OJ L L 299, 16.11.2005, p. 62. 

EN 

19 

   EN 

 
 
 
 
                                                 
(30)  The  Brussels  Convention  also  continues  to  apply  to  the  territories  of  the  Member 
States  which  fall  within  the  territorial  scope  of  that  Convention  and  which  are 
excluded from this Regulation pursuant to Article 299 ⌦ 355 ⌫ of the Treaty ⌦ on 
the Functioning of the European Union ⌫ . 

(cid:208) 44/2001 recital 23 (adapted) 

(31)  Likewise for the sake of consistency, this Regulation should not affect rules governing 
jurisdiction  and  the  recognition  of  judgments  contained  in  specific  Community 
instruments ⌦ of the Union ⌫ . 

(cid:208) 44/2001 recital 24 (adapted) 

(32)  Respect for international commitments entered into by the Member States means that 
this Regulation should not affect conventions relating to specific matters to which the 
Member States are parties. 

(cid:208) 44/2001 recital 25 

The necessary flexibility should be provided for in the basic rules of this Regulation in order 
to take account of the specific procedural rules of certain Member States. Certain provisions 
of the Protocol annexed to the Brussels Convention should accordingly be incorporated in this 
Regulation. 

(cid:208) 44/2001 recital 26 

In  order  to  allow  a  harmonious  transition  in  certain  areas  which  were  the  subject  of  special 
provisions in the Protocol annexed to the Brussels Convention, this Regulation lays down, for 
a  transitional  period,  provisions  taking  into  consideration  the  specific  situation  in  certain 
Member States. 

(cid:208) 44/2001 recital 27 

No later than five years after entry into force of this Regulation the Commission will present a 
report on its application and, if need be, submit proposals for adaptations. 

(cid:208) 44/2001 recital 28 (adapted) 

The Commission will have to adjust Annexes I to IV on the rules of national jurisdiction, the 
courts  or  competent  authorities  and  redress  procedures  available  on  the  basis  of  the 
amendments  forwarded  by  the  Member  State  concerned;  amendments  made  to  Annexes  V 
and VI should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 

(cid:208) 44/2001 recital 29 

EN 

20 

   EN 

 
 
 
 
 
 
 
laying  down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the 
Commission20, 

(33)  The  Commission  should  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 290 of the Treaty on the Functioning of the European Union for the purpose of 
adjusting Annexes I, II, V, VI and VII. 

(cid:216) new 

HAS HAVE ADOPTED THIS REGULATION: 

CHAPTER I 

(cid:208) 44/2001 (adapted) 

SCOPE ⌦ AND DEFINITIONS ⌫ 

(cid:208) 44/2001 
(cid:214) new 

Article 1 

1.  This  Regulation  shall  apply  in  civil  and  commercial  matters  whatever  the  nature  of  the 
court  or  tribunal.  It  shall  not  extend,  in  particular,  to  revenue,  customs  or  administrative 
matters. 

2. This Regulation shall not apply to: 

(a) 

(b) 

(c) 

(d) 

the  status  or  legal  capacity  of  natural  persons,  rights  in  property  arising  out  of  a 
matrimonial relationship, wills and succession; 

bankruptcy, proceedings relating to the winding-up of insolvent companies or other 
legal persons, judicial arrangements, compositions and analogous proceedings; 

social security; 

arbitration (cid:214) , save as provided for in Articles 29, paragraph 4 and 33, paragraph 3 
. 

(e) 

maintenance  obligations  arising  from  a  family  relationship,  parentage,  marriage  or 
affinity. 

(cid:216) new 

20 

OJ L 184, 17.7.1999, p. 23. 

EN 

21 

   EN 

 
 
 
 
                                                 
3. In this Regulation, the term ‘Member State’ shall mean Member States with the exception 
of Denmark. 

(cid:208) 44/2001 

For the purposes of this Regulation,: 

Article 322 

⌦ (a) ⌫ ‘judgment’ means any judgment given by a court or tribunal of a Member State, 
whatever the judgment may be called, including a decree, order, decision or writ of execution, 
as well as the determination of costs or expenses by an officer of the court. 

(cid:208) 44/2001 (adapted) 

(cid:216) new 

For the purposes of Chapter III, the term 'judgment' includes provisional, including protective 
measures  ordered  by  a  court  which  by  virtue  of  this  Regulation  has  jurisdiction  as  to  the 
substance  of  the  matter.  It  also  includes  measures  ordered  without  the  defendant  being 
summoned  to  appear  and  which  are  intended  to  be  enforced  without  prior  service  of  the 
defendant  if  the  defendant  has  the  right  to  challenge  the  measure  subsequently  under  the 
national law of the Member State of origin; 

(b)  ´provisional,  including  protective  measures´  shall  include  protective  orders  aimed  at 
obtaining information and evidence; 

(c) 'court' shall include any authorities designated by a Member State as having jurisdiction in 
the matters falling within the scope of this Regulation; 

(d)  'court  settlement´  means  a  settlement  which  has  been  approved  by  a  court  or  concluded 
before a court in the course of proceedings; 

(e) ´authentic instrument´ means a document which has been formally drawn up or registered 
as an authentic instrument in the Member State of origin and the authenticity of which: 

(i) relates to the signature and the content of the instrument, and 

(ii) has been established by a public authority or other authority empowered for that 
purpose. 

(f)  'Member  State  of  origin´  means  the  Member  State  in  which,  as  the  case  may  be,  the 
judgment  has  been  given,  the  court  settlement  has  been  approved  or  concluded,  or  the 
authentic instrument has been established; 

(g) 'Member State of enforcement´ means the Member State in which the enforcement of the 
judgment, the court settlement or the authentic instrument is sought; 

(h)  'court  of  origin´  means  the  court  which  has  given  the  judgment  to  be  recognised  and 
enforced.  

EN 

22 

   EN 

 
 
 
(cid:208) 44/2001 

CHAPTER II 

JURISDICTION 

SECTION 1 

GENERAL PROVISIONS 

Article 23 

1.  Subject  to  this  Regulation,  persons  domiciled  in  a  Member  State  shall,  whatever  their 
nationality, be sued in the courts of that Member State. 

2.  Persons  who  are  not  nationals  of  the  Member  State  in  which  they  are  domiciled  shall  be 
governed by the rules of jurisdiction applicable to nationals of that State. 

Article 34 

1. Persons domiciled in a Member State may be sued in the courts of another Member State 
only by virtue of the rules set out in Sections 2 to 7 of this Chapter. 

2. In particular the rules of national jurisdiction set out in Annex I shall not be applicable as 
against them. 

2. Persons not domiciled in any of the Member States may be sued in the courts of a Member 
State only by virtue of the rules set out in Sections 2 to 8 of this Chapter. 

(cid:216) new 

(cid:208) 44/2001 

Article 4 

1. If the defendant is not domiciled in a Member State, the jurisdiction of the courts of each 
Member State shall, subject to Articles 22 and 23, be determined by the law of that Member 
State. 

2. As against such a defendant, any person domiciled in a Member State may, whatever his 
nationality,  avail  himself  in  that  State  of  the  rules  of  jurisdiction  there  in  force,  and  in 
particular those specified in Annex I, in the same way as the nationals of that State. 

EN 

23 

   EN 

 
 
 
SECTION 2 

SPECIAL JURISDICTION 

Article 5 

A  person  domiciled  in  a  Member  State  may,  in  another  Member  State,  be  sued  ⌦ The 
following courts shall have jurisdiction ⌫ : 

(cid:208) 44/2001 (adapted) 

1. 

2. 

in matters relating to a contract, in the courts for the place of performance of 

(a) 
the obligation in question; 

(cid:208) 44/2001 

(b) 

for  the  purpose  of  this  provision  and  unless  otherwise  agreed,  the  place  of 
performance of the obligation in question shall be: 

– 

– 

in the case of the sale of goods, the place in a Member State where, under 
the contract, the goods were delivered or should have been delivered, 

in  the  case  of  the  provision  of  services,  the  place  in  a  Member  State 
where,  under  the  contract,  the  services  were  provided  or  should  have 
been provided, 

(c) 

if subparagraph point (b) does not apply then subparagraph point (a) applies; 

in matters relating to maintenance, in the courts for the place where the maintenance 
creditor  is  domiciled  or  habitually  resident  or,  if  the  matter  is  ancillary  to 
proceedings  concerning  the  status  of  a  person,  in  the  court  which,  according  to  its 
own  law,  has  jurisdiction  to  entertain  those  proceedings,  unless  that  jurisdiction  is 
based solely on the nationality of one of the parties; 

32. 

in matters relating to tort, delict or quasi-delict, in the courts for the place where the 
harmful event occurred or may occur; 

(cid:208) 44/2001 (adapted) 

3. 

as regards rights in rem or possession in moveable property, the courts for the place 
where the property is situated; 

(cid:216) new 

EN 

24 

   EN 

 
 
 
 
(cid:208) 44/2001 (adapted) 

4. 

5. 

6. 

7. 

as  regards  a  civil  claim  for  damages  or  restitution  which  is  based  on  an  act  giving 
rise  to  criminal  proceedings,  in  the  court  seised  of  those  proceedings,  to  the  extent 
that that court has jurisdiction under its own law to entertain civil proceedings; 

as  regards  a  dispute  arising  out  of  the  operations  of  a  branch,  agency  or  other 
establishment,  in  the  courts  for  the  place  in  which  the  branch,  agency  or  other 
establishment is situated; 

as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a 
written  instrument,  or  created  orally  and  evidenced  in  writing,  in  the  courts  of  the 
Member State in which the trust is domiciled; 

as  regards  a  dispute  concerning  the  payment  of  remuneration  claimed  in  respect  of 
the salvage of a cargo or freight, in the court under the authority of which the cargo 
or freight in question: 

(a) 

has been arrested to secure such payment, or 

(cid:208) 44/2001 

(b) 

could have been so arrested, but bail or other security has been given; 

provided that this provision shall apply only if it is claimed that the defendant has an 
interest in the cargo or freight or had such an interest at the time of salvage. 

Article 6 

(cid:208) 44/2001 (adapted) 

A person domiciled in a Member State may also be sued: 

1. 

2. 

3. 

where  he  ⌦ is  domiciled  in  a  Member  State  and ⌫  is  one  of  a  number  of 
defendants, in the courts for the place where any one of them is domiciled, provided 
the claims are so closely connected  that it is expedient to hear and determine them 
together  to  avoid  the  risk  of  irreconcilable  judgments  resulting  from  separate 
proceedings; 

(cid:208) 44/2001 

as  a  third  party  in  an  action  on  a  warranty  or  guarantee  or  in  any  other  third  party 
proceedings,  in  the  court  seised  of  the  original  proceedings,  unless  these  were 
instituted  solely  with  the  object  of  removing  him  from  the  jurisdiction  of  the  court 
which would be competent in his case; 

on  a  counter-claim  arising  from  the  same  contract  or  facts  on  which  the  original 
claim was based, in the court in which the original claim is pending; 

EN 

25 

   EN 

 
 
 
 
 
4. 

in matters relating to a contract, if the action may be combined with an action against 
the same defendant in matters relating to rights in rem in immovable property, in the 
court of the Member State in which the property is situated. 

Article 7 

Where  by  virtue  of  this  Regulation  a  court  of  a  Member  State  has  jurisdiction  in  actions 
relating  to  liability  from  the  use  or  operation  of  a  ship,  that  court,  or  any  other  court 
substituted  for  this  purpose  by  the  internal  law  of  that  Member  State,  shall  also  have 
jurisdiction over claims for limitation of such liability. 

SECTION 3 

JURISDICTION IN MATTERS RELATING TO INSURANCE 

In  matters  relating  to  insurance,  jurisdiction  shall  be  determined  by  this  Section,  without 
prejudice to Article 4 andpoint 5 of Article 5. 

Article 8 

Article 9 

1. An insurer domiciled in a Member State may be sued: 

(cid:208) 44/2001 (adapted) 

(cid:208) 44/2001 

(a) 

(b) 

(c) 

in the courts of the Member State where he is domiciled, or 

in  another  Member  State,  in  the  case  of  actions  brought  by  the  policyholder,  the 
insured or a beneficiary, in the courts for the place where the plaintiff is domiciled, 

if  he  is  a  co-insurer,  in  the  courts  of  a  Member  State  in  which  proceedings  are 
brought against the leading insurer. 

2.  An  insurer  who  is  not  domiciled  in  a  Member  State  but  has  a  branch,  agency  or  other 
establishment in one of the Member States shall, in disputes arising out of the operations of 
the branch, agency or establishment, be deemed to be domiciled in that Member State. 

Article 10 

In  respect  of  liability  insurance  or  insurance  of  immovable  property,  the  insurer  may  in 
addition  be  sued  in  the  courts  for  the  place  where  the  harmful  event  occurred.  The  same 
applies  if  movable  and  immovable  property  are  covered  by  the  same  insurance  policy  and 
both are adversely affected by the same contingency. 

EN 

26 

   EN 

 
 
Article 11 

1. In respect of liability insurance, the insurer may also, if the law of the court permits it, be 
joined in proceedings which the injured party has brought against the insured. 

2. Articles 8, 9 and 10 shall apply to actions brought by the injured party directly against the 
insurer, where such direct actions are permitted. 

3. If the law governing such direct actions provides that the policyholder or the insured may 
be joined as a party to the action, the same court shall have jurisdiction over them. 

Article 12 

1. Without prejudice to Article 11(3), an insurer may bring proceedings only in the courts of 
the  Member  State  in  which  the  defendant  is  domiciled,  irrespective  of  whether  he  is  the 
policyholder, the insured or a beneficiary. 

2. The provisions of this Section shall not affect the right to bring a counter-claim in the court 
in which, in accordance with this Section, the original claim is pending. 

Article 13 

The provisions of this Section may be departed from only by an agreement: 

1. 

2. 

3. 

4. 

5. 

which is entered into after the dispute has arisen, or 

which  allows  the  policyholder,  the  insured  or  a  beneficiary  to  bring  proceedings  in 
courts other than those indicated in this Section, or 

which is concluded between a policyholder and an insurer, both of whom are at the 
time  of  conclusion  of  the  contract  domiciled  or  habitually  resident  in  the  same 
Member  State,  and  which  has  the  effect  of  conferring  jurisdiction  on  the  courts  of 
that  State  even  if  the  harmful  event  were  to  occur  abroad,  provided  that  such  an 
agreement is not contrary to the law of that State, or 

which  is  concluded  with  a  policyholder  who  is  not  domiciled  in  a  Member  State, 
except in so far as the insurance is compulsory or relates to immovable property in a 
Member State, or 

which relates to a contract of insurance in so far as it covers one or more of the risks 
set out in Article 14. 

Article 14 

The following are the risks referred to in Article 13(5): 

1. 

any loss of or damage to: 

(a) 

seagoing  ships,  installations  situated  offshore  or  on  the  high  seas,  or  aircraft, 
arising from perils which relate to their use for commercial purposes; 

EN 

27 

   EN 

(b)  goods in transit other than passengers' baggage where the transit consists of or 

includes carriage by such ships or aircraft; 

2. 

any liability, other than for bodily injury to passengers or loss of or damage to their 
baggage: 

(a) 

arising out of the use or operation of ships, installations or aircraft as referred 
to in point 1(a) in so far as, in respect of the latter, the law of the Member State 
in  which  such  aircraft  are  registered  does  not  prohibit  agreements  on 
jurisdiction regarding insurance of such risks; 

(b) 

for loss or damage caused by goods in transit as described in point 1(b); 

any  financial  loss  connected  with  the  use  or  operation  of  ships,  installations  or 
aircraft as referred to in point 1(a), in particular loss of freight or charter-hire; 

any risk or interest connected with any of those referred to in points 1 to 3; 

(cid:208) 44/2001 (adapted) 

notwithstanding  points  1  to  4,  all  ‘large  risks’  as  defined  in  Council  Directive 
73/239/EEC21  Directive  2009/138/EC  of  the  European  Parliament  and  of  the 
Council22,  as  amended  by  Council  Directives  88/357/EEC23  and  90/618/EEC24,  as 
they may be amended. 

3. 

4. 

5. 

(cid:208) 44/2001 
(cid:214) new 

SECTION 4 

JURISDICTION OVER CONSUMER CONTRACTS 

Article 15 

1. In matters relating to a contract concluded by a person, the consumer, for a purpose which 
can be regarded as being outside his trade or profession, jurisdiction shall be determined by 
this Section, without prejudice to Article 4 and point 5 of Article 5, if: 

(a) 

(b) 

21 

22 
23 
24 

it is a contract for the sale of goods on instalment credit terms; or 

it is a contract for a loan repayable by instalments, or for any other form of credit, 
made to finance the sale of goods; or 

OJ  L  228,  16.8.1973,  p.  3.  Directive  as  last  amended  by  Directive  2000/26/EC  of  the  European 
Parliament and of the Council (OJ L 181, 20.7.2000, p. 65). 
OJ L 335, 17.12.2009, p. 1. 
OJ L 172, 4.7.1988, p. 1. Directive as last amended by Directive 2000/26/EC. 
OJ L 330, 29.11.1990, p. 44. 

EN 

28 

   EN 

 
 
                                                 
(c) 

in  all  other  cases,  the  contract  has  been  concluded  with  a  person  who  pursues 
commercial or professional activities in the Member State of the consumer's domicile 
or,  by  any  means,  directs  such  activities  to  that  Member  State  or  to  several  States 
including  that  Member  State,  and  the  contract  falls  within  the  scope  of  such 
activities. 

2. Where a consumer enters into a contract with a party who is not domiciled in the Member 
State but has a branch, agency or other establishment in one of the Member States, that party 
shall,  in  disputes  arising  out  of  the  operations  of  the  branch,  agency  or  establishment,  be 
deemed to be domiciled in that State. 

3. This Section shall not apply to a contract of transport other than a contract which, for an 
inclusive price, provides for a combination of travel and accommodation. 

Article 16 

1. A consumer may bring proceedings against the other party to a contract either in the courts 
of the Member State in which that party is domiciled or in the courts for the place where the 
consumer is domiciled. 

2. Proceedings may be brought against a consumer by the other party to the contract only in 
the courts of the Member State in which the consumer is domiciled. 

3.  This  Article  shall  not  affect  the  right  to  bring  a  counter-claim  in  the  court  in  which,  in 
accordance with this Section, the original claim is pending. 

Article 17 

The provisions of this Section may be departed from only by an agreement: 

1. 

2. 

3. 

which is entered into after the dispute has arisen; or 

which allows the consumer to bring proceedings in courts other than those indicated 
in this Section; or 

which  is  entered  into  by  the  consumer  and  the  other  party  to  the  contract,  both  of 
whom are at the time of conclusion of the contract domiciled or habitually resident in 
the same Member State, and which confers jurisdiction on the courts of that Member 
State,  provided  that  such  an  agreement  is  not  contrary  to  the  law  of  that  Member 
State. 

EN 

29 

   EN 

SECTION 5 

JURISDICTION OVER INDIVIDUAL CONTRACTS OF EMPLOYMENT 

Article 18 

1. In matters relating to individual contracts of employment, jurisdiction shall be determined 
by this Section, without prejudice to Article 4 and point 5 of Article 5 (cid:214) and Article 6(1) . 

2.  Where  an  employee  enters  into  an  individual  contract  of  employment  with  an  employer 
who is not domiciled in a Member State but has a branch, agency or other establishment in 
one of the Member States, the employer shall, in disputes arising out of the operations of the 
branch, agency or establishment, be deemed to be domiciled in that Member State. 

Article 19 

An employer domiciled in a Member State may be sued: 

(cid:208) 44/2001 (adapted) 

(cid:208) 44/2001 

1. 

2. 

in the courts of the Member State where he is domiciled; or 

in another Member State: 

(a) 

in the courts for the place where ⌦ or from where ⌫ the employee habitually 
carries out his work or in the courts for the last place where he did so, or 

(cid:208) 44/2001 (adapted) 

(b) 

if  the  employee  does  not  or  did  not  habitually  carry  out  his  work  in  any  one 
country,  in  the  courts  for  the  place  where  the  business  which  engaged  the 
employee is or was situated. 

(cid:208) 44/2001 

Article 20 

1. An employer may bring proceedings only in the courts of the Member State in which the 
employee is domiciled. 

2. The provisions of this Section shall not affect the right to bring a counter-claim in the court 
in which, in accordance with this Section, the original claim is pending. 

EN 

30 

   EN 

 
 
 
 
Article 21 

The provisions of this Section may be departed from only by an agreement on jurisdiction: 

1. 

2. 

which is entered into after the dispute has arisen; or 

which allows the employee to bring proceedings in courts other than those indicated 
in this Section. 

SECTION 6 

EXCLUSIVE JURISDICTION 

Article 22 

(cid:208) 44/2001 (adapted) 
(cid:214) new 

The following courts shall have exclusive jurisdiction, regardless of domicile: 

1. 

in  proceedings  which  have  as  their  object  rights  in  rem  in  immovable  property  or 
tenancies  of  immovable  property,  the  courts  of  the  Member  State  in  which  the 
property is situated. ⌦ However: ⌫ 

(a)  However,  in  proceedings  which  have  as  their  object  tenancies  of  immovable 
property  concluded  for  temporary  private  use  for  a  maximum  period  of  six 
consecutive months, the courts of the Member State in which the defendant is 
domiciled  shall  also  have  jurisdiction,  provided  that  the  tenant  is  a  natural 
person and that the landlord and the tenant are domiciled in the same Member 
State (cid:214) , either at the moment of conclusion of the agreement or at the moment 
of the institution of proceedings  ; 

(b) 

in  agreements  concerning  tenancies  of  premises  for  professional  use,  parties 
may agree that a court or the courts of a Member State are to have jurisdiction 
in accordance with Article 23; 

(cid:216) new 

(cid:208) 44/2001 

2. 

3. 

in proceedings which have as their object the validity of the constitution, the nullity 
or  the  dissolution  of  companies  or  other  legal  persons  or  associations  of  natural  or 
legal  persons,  or  of  the  validity  of  the  decisions  of  their  organs,  the  courts  of  the 
Member State in which the company, legal person or association has its seat. In order 
to determine that seat, the court shall apply its rules of private international law; 

in proceedings which have as their object the validity of entries in public registers, 
the courts of the Member State in which the register is kept; 

EN 

31 

   EN 

 
 
 
(cid:208) 44/2001 (adapted) 

4. 

in  proceedings  concerned  with  the  registration  or  validity  of  patents,  trade  marks, 
designs, or other similar rights required to be deposited or registered, ⌦ irrespective 
of whether the issue is raised by way of an action or as a defence25, ⌫ the courts of 
the Member State in which the deposit or registration has been applied for, has taken 
place  or  is  under  the  terms  of  a  Community  ⌦ an ⌫  instrument  ⌦ of  the 
Union ⌫ or an international convention deemed to have taken place. 

(cid:208) 44/2001 

Without  prejudice  to  the  jurisdiction  of  the  European  Patent  Office  under  the 
Convention on the Grant of European Patents, signed at Munich on 5 October 1973, 
the  courts  of  each  Member  State  shall  have  exclusive  jurisdiction,  regardless  of 
domicile, in proceedings concerned with the registration or validity of any European 
patent granted for that State; 

5. 

in  proceedings  concerned  with  the  enforcement  of  judgments,  the  courts  of  the 
Member State in which the judgment has been or is to be enforced. 

SECTION 7 

PROROGATION OF JURISDICTION 

Article 23 

(cid:208) 44/2001 (adapted) 
(cid:214) new 

1.  If  the  parties,  one  or  more  of  whom  is  domiciled  in  a  Member  State,  have  agreed  that  a 
court  or  the  courts  of  a  Member  State  are  to  have  jurisdiction  to  settle  any  disputes  which 
have arisen or which may arise in connection with a particular legal relationship, that court or 
those  courts  shall  have  jurisdiction  (cid:214) ,  unless  the  agreement  is  null  and  void  as  to  its 
substance under the law of that Member State  . Such jurisdiction shall be exclusive unless 
the parties have agreed otherwise. Such an agreement conferring jurisdiction shall be either: 

(a) 

(b) 

25 

in writing or evidenced in writing; or 

(cid:208) 44/2001 

in  a  form  which  accords  with  practices  which  the  parties  have  established  between 
themselves; or 

Note for the translators: the translations, particularly the German and French translation, shall use the 
wording of the corresponding translations of the decision of the Court of Justice in the matter GAT v. 
LuK (C-4/03) of 13 July 2006 (summary). 

EN 

32 

   EN 

 
 
 
 
 
                                                 
(c) 

in international trade or commerce, in a form which accords with a usage of which 
the parties are or ought to have been aware and which in such trade or commerce is 
widely known to, and regularly observed by, parties to contracts of the type involved 
in the particular trade or commerce concerned. 

2. Any communication by electronic means which provides a durable record of the agreement 
shall be equivalent to ‘writing’. 

3. Where such an agreement is concluded by parties, none of whom is domiciled in a Member 
State, the courts of other Member States shall have no jurisdiction over their disputes unless 
the court or courts chosen have declined jurisdiction. 

3.  The  court  or  courts  of  a  Member  State  on  which  a  trust  instrument  has  conferred 
jurisdiction  shall  have  exclusive  jurisdiction  in  any  proceedings  brought  against  a  settlor, 
trustee  or beneficiary,  if  relations  between these  persons or  their rights or obligations under 
the trust are involved. 

4. Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal 
force  if  they  are  contrary  to  Articles  13,  17  or  21,  or  if  the  courts  whose  jurisdiction  they 
purport to exclude have exclusive jurisdiction by virtue of Article 22. 

Article 24 

1.  Apart  from  jurisdiction  derived  from  other  provisions  of  this  Regulation,  a  court  of  a 
Member State before which a defendant enters an appearance shall have jurisdiction. This rule 
shall  not  apply  where  appearance  was  entered  to  contest  the  jurisdiction,  or  where  another 
court has exclusive jurisdiction by virtue of Article 22. 

(cid:216) new 

2.  In  matters  referred  to  in  Sections  3,  4,  and  5  of  this  Chapter,  the  document  instituting 
proceedings  or  the  equivalent  document  must  contain  information  for  the  defendant  on  his 
right to contest the jurisdiction of the court and the consequences of entering an appearance. 
Before  assuming  jurisdiction  on  the  basis  of  this  Article,  the  court  shall  ensure  that  such 
information was provided to the defendant . 

SECTION 8 

SUBSIDIARY JURISDICTION AND FORUM NECESSITATIS 

Article 25  

Where  no  court  of  a  Member  State  has  jurisdiction  in  accordance  with  Articles  2  to24, 
jurisdiction  shall  lie  with  the  courts  of  the  Member  State  where  property  belonging  to  the 
defendant is located, provided that  

(a) the value of the property is not disproportionate to the value of the claim; and 

EN 

33 

   EN 

 
(b) the dispute has a sufficient connection with the Member State of the court seised. 

Article 26 

Where  no  court  of  a  Member  State  has  jurisdiction  under  this  Regulation,  the  courts  of  a 
Member State may, on an exceptional basis, hear the case if the right to a fair trial or the right 
to access to justice so requires, in particular: 

(a) 

(b) 

if  proceedings  cannot  reasonably  be  brought  or  conducted  or  would  be 
impossible in a third State with which the dispute is closely connected; or 

if  a  judgment  given  on  the  claim  in  a  third  State  would  not  be  entitled  to 
recognition and enforcement in the Member State of the court seised under the 
law of that State and such recognition and enforcement is necessary to ensure 
that the rights of the claimant are satisfied; 

and the dispute has a sufficient connection with the Member State of the court seised. 

(cid:208) 44/2001 
(cid:214) new 

SECTION 89 

EXAMINATION AS TO JURISDICTION AND ADMISSIBILITY 

Article 2527 

Where a court of a Member State is seised of a claim which is principally concerned with a 
matter over which the courts of another Member State have exclusive jurisdiction by virtue of 
Article 22 (cid:214) it has no jurisdiction under this Regulation  , it shall declare of its own motion 
that it has no jurisdiction. 

(cid:208) 44/2001 (adapted) 

Article 2628 

1. Where a defendant domiciled in one Member State is sued in a court of another Member 
State and does not enter an appearance, the court shall declare of its own motion that it has no 
jurisdiction unless its jurisdiction is derived from the provisions of this Regulation. 

2. The court shall stay the proceedings so long as it is not shown that the defendant has been 
able  to  receive  the  document  instituting  the  proceedings  or  an  equivalent  document  in 
sufficient time to enable him to arrange for his defence, or that all necessary steps have been 
taken to this end. 

EN 

34 

   EN 

 
 
(cid:208) 44/2001 
(cid:214) new 

32. Article 19, paragraphs 1, 2, and 3 of Council Regulation (EC) No 1348/2000 of 29 May 
2000 on the service in the Member States of judicial and extrajudicial documents in civil or 
commercial matters26 Regulation (EC) No 1393/2007 of the European Parliament and of the 
Council27
 shall apply instead of the provisions of paragraph 2 if the document instituting the 
proceedings  or  an  equivalent  document  had  to  be  transmitted  from  one  Member  State  to 
another pursuant to this Regulation. 

43.  Where  the  provisions  of  Regulation  (EC)  No  1348/2000  1393/2007  are  not  applicable, 
Article 15 of the Hague Convention of 15 November 1965 on the Service Abroad of Judicial 
and  Extrajudicial  Documents  in  Civil  or  Commercial  Matters  shall  apply  if  the  document 
instituting the proceedings or an equivalent document had to be transmitted pursuant to that 
Convention. 

SECTION 910 

LIS PENDENS — RELATED ACTIONS 

Article 2729 

1. (cid:214) Without prejudice to Article 32(2),  Wwhere proceedings involving the same cause of 
action and between the same parties are brought in the courts of different Member States, any 
court other than the court first seised shall of its own motion stay its proceedings until such 
time as the jurisdiction of the court first seised is established. 

(cid:216) new 

2.  In  cases  referred  to  in  paragraph  1,  the  court  first  seised  shall  establish  its  jurisdiction 
within  six  months  except  where  exceptional  circumstances  make  this  impossible.  Upon 
request by any other court seised of the dispute, the court first seised shall inform that court of 
the date on which it was seised and of whether it has established jurisdiction over the dispute 
or, failing that, of the estimated time for establishing jurisdiction. 

23. Where the jurisdiction of the court first seised is established, any court other than the court 
first seised shall decline jurisdiction in favour of that court. 

(cid:208) 44/2001 

26 
27 

OJ L 160, 30.6.2000, p. 37. 
OJ L 324, 10.12.2007, p. 79. 

EN 

35 

   EN 

 
 
 
                                                 
(cid:216) new 

4. Where the agreed or designated seat of an arbitration is in a Member State, the courts of 
another Member State whose jurisdiction is contested on the basis of an arbitration agreement 
shall stay proceedings once the courts of the Member State where the seat of the arbitration is 
located  or  the  arbitral  tribunal  have  been  seised  of  proceedings  to  determine,  as  their  main 
object  or  as  an  incidental  question,  the  existence,  validity  or  effects  of  that  arbitration 
agreement. 

This  paragraph  does  not  prevent  the  court  whose  jurisdiction  is  contested  from  declining 
jurisdiction in the situation referred to above if its national law so prescribes. 

Where the existence, validity or effects of the arbitration agreement are established, the court 
seised shall decline jurisdiction. 

This paragraph does not apply in disputes concerning matters referred to in Sections 3, 4, and 
5 of Chapter II. 

(cid:208) 44/2001 

Article 2830 

1. Where related actions are pending in the courts of different Member States, any court other 
than the court first seised may stay its proceedings. 

2.  Where  these  actions  are  ⌦ in  the  court  first  seised  is ⌫  pending  at  first  instance,  any 
other  court  than  the  court  first  seised  may  also,  on  the  application  of  one  of  the  parties, 
decline jurisdiction if the court first seised has jurisdiction over the actions in question and its 
law permits the consolidation thereof. 

(cid:208) 44/2001 (adapted) 

3. For the purposes of this Article, actions are deemed to be related where they are so closely 
connected  that  it  is  expedient  to  hear  and  determine  them  together  to  avoid  the  risk  of 
irreconcilable judgments resulting from separate proceedings. 

(cid:208) 44/2001 

(cid:216) new 

Article 31 

If proceedings as to the substance are pending before a court of a Member State and the courts 
of another Member State are seised with an application for provisional, including protective 
measures, the courts concerned shall cooperate in order to ensure proper coordination between 
the proceedings as to the substance and the provisional relief. 

EN 

36 

   EN 

 
 
 
 
 
In  particular,  the  court  seised  with  an  application  for  provisional,  including  protective 
measures shall seek information from the other court on all relevant circumstances of the case, 
such as the urgency of  the  measure sought or any  refusal  of  a  similar  measure  by  the  court 
seised as to the substance. 

(cid:208) 44/2001 

Article 2932 

1. Where actions come within the exclusive jurisdiction of several courts, any court other than 
the court first seised shall decline jurisdiction in favour of that court. 

2. With the exception of agreements governed by Sections 3, 4 and 5 of this Chapter, where 
an agreement referred to in Article 23 confers exclusive jurisdiction to a court or the courts of 
a Member State, the courts of other Member States shall have no jurisdiction over the dispute 
until such time as the court or courts designated in the agreement decline their jurisdiction. 

(cid:216) new 

(cid:208) 44/2001 

Article 3033 

1. For the purposes of this Section, a court shall be deemed to be seised: 

1.(a) 

2.(b) 

at the time when the document instituting the proceedings or an equivalent document 
is lodged with the court, provided that the plaintiff has not subsequently failed to take 
the steps he was required to take to have service effected on the defendant, or 

if the document has to be served before being lodged with the court, at the time when 
it is received by the authority responsible for service, provided that the plaintiff has 
not  subsequently  failed  to  take  the  steps  he  was  required  to  take  to  have  the 
document lodged with the court. 

(cid:216) new 

The  authority  responsible  for  service  referred  to  in  point  (b)  shall  be  the  first  authority 
receiving the documents to be served. 

2. The courts and authorities responsible for service referred to in paragraph 1 shall note, as 
applicable, the date and time of lodging of the document instituting proceedings or of receipt 
of the documents to be served. 

3. For the purposes of this Section, an arbitral tribunal is deemed to be seised when a party 
has  nominated  an  arbitrator  or  when  a  party  has  requested  the  support  of  an  institution, 
authority or a court for the tribunal's constitution 

EN 

37 

   EN 

 
 
 
 
Article 34 

1. Notwithstanding the rules in Articles 3 to 7, if proceedings in relation to the same cause of 
action and between the same parties are pending before the courts of a third State at a time 
when a court in a Member State is seised, that court may stay its proceedings if: 

(a) 

the court of the third State was seised first in time; 

(b) 

it  may  be  expected  that  the  court  in  the  third  State  will,  within  a  reasonable 
time,  render  a  judgment  that  will  be  capable  of  recognition  and,  where 
applicable, enforcement in that Member State; and 

(c) 

the court is satisfied that it is necessary for the proper administration of justice 
to do so. 

2. During the period of the stay, the party who has seised the court in the Member State shall 
not lose the benefit of interruption of prescription or limitation periods provided for under the 
law of that Member State. 

3.The court may discharge the stay at any time upon application by either party or of its own 
motion if one of the following conditions is met: 

(a) 

(b) 

the  proceedings  in  the  court  of  the  third  State  are  themselves  stayed  or  are 
discontinued; 

it  appears  to  the  court  that  the  proceedings  in  the  court  of  the  third  State  are 
unlikely to be concluded within a reasonable time; 

(c) 

discharge of the stay is required for the proper administration of justice. 

4.  The  court  shall  dismiss  the  proceedings  upon  application  by  either  party  or  of  its  own 
motion if the proceedings in the court of the third State are concluded and have resulted in a 
judgment  enforceable  in  that  State,  or  capable  of  recognition  and,  where  applicable, 
enforcement in the Member State. 

(cid:208) 44/2001 

SECTION 1011 

PROVISIONAL, INCLUDING PROTECTIVE, MEASURES 

(cid:216) new 

Article 35 

Where  the  courts  of  a  Member  State  have  jurisdiction  as  to  the  substance  of  a  matter,  those 
courts  shall  have  jurisdiction  to  issue  provisional,  including  protective  measures  as  may  be 
available under the law of that State.  

EN 

38 

   EN 

 
 
(cid:208) 44/2001 (adapted) 
(cid:214) new 

Article 3136 

Application  may  be  made  to  the  courts  of  a  Member  State  for  such  provisional,  including 
protective,  measures  as  may  be  available  under  the  law  of  that  State,  even  if,  under  this 
Regulation, the courts of another Member State (cid:214) or an arbitral tribunal  have jurisdiction 
as to the substance of the matter. 

(cid:208) 44/2001 (adapted) 

CHAPTER III 

RECOGNITION ⌦ , ENFORCEABILITY ⌫ AND ENFORCEMENT 

Article 32 

For  the  purposes  of  this  Regulation,  ‘judgment’  means  any  judgment  given  by  a  court  or 
tribunal of a Member State, whatever the judgment may be called, including a decree, order, 
decision or writ of execution, as well as the determination of costs or expenses by an officer 
of the court. 

(cid:216) new 

Article 37  

1. 

2. 

3. 

This  Chapter  shall  govern  the  recognition,  enforceability  and  enforcement  of 
judgments falling within the scope of this Regulation 

Section  1  shall  apply  to  all  judgments  with  the  exception  of  those  referred  to  in 
paragraph 3. 

Section 2 shall apply to judgments given in another Member State 

(a)  concerning  non-contractual  obligations  arising  out  of  violations  of  privacy  and 

rights relating to personality, including defamation, and  

(b)  in  proceedings  which  concern  the  compensation  of  harm  caused  by  unlawful 
business practices to a multitude of injured parties and which are brought by  

i. a state body, 

ii. a non-profit making organisation whose main purpose and activity is to represent 
and  defend  the  interests  of  groups  of  natural  or  legal  persons,  other  than  by,  on  a 
commercial basis, providing them with legal advice or representing them in court, or 

EN 

39 

   EN 

 
 
 
iii. a group of more than twelve claimants. 

4. 

Without prejudice to the competence of the Commission to propose at any time the 
extension of the rules of Section 1 to judgments falling within the scope of paragraph 
3(b) in view of the state of convergence of national laws and of the development of 
Union law, three years after the entry into force of this Regulation, or earlier in case 
the Commission proposes further harmonisation, the Commission shall submit to the 
European Parliament, the Council and the European Economic and Social Committee 
a report reviewing the continuing need to maintain the procedure for recognition and 
enforcement for judgments given in matters referred to in paragraph 3(b). 

SECTION 1 

JUDGMENTS FOR WHICH NO DECLARATION OF ENFORCEABILITY IS REQUIRED 

SUBSECTION 1 

ABOLITION OF EXEQUATUR 

Article 38 

1.  Subject  to  the  provisions  of  this  Chapter,  a  judgment  given  in  a  Member  State  shall  be 
recognised  in  the  other  Member  States  without  any  special  procedure  being  required  and 
without any possibility of opposing its recognition. 

2.  A  judgment  given  in  one  Member  State  which  is  enforceable  in  that  State  shall  be 
enforceable in another Member State without the need for a declaration of enforceability. 

Article 39 

1. A party who wishes to invoke in another Member State a judgment recognised pursuant to 
Article 38 (1) shall produce a copy of the judgment which satisfies the conditions necessary to 
establish its authenticity. 

2. The court before which the recognised judgment is invoked may, where necessary, ask the 
party invoking it to produce a certificate issued by the court of origin using the form set out in 
Annex  I  and  to  provide  a  transliteration  or  a  translation  of  the  contents  of  the  form  in 
accordance with Article 69.  

The court of origin shall also issue such a certificate at the request of any interested party.  

3. The court before which the recognised judgment is invoked may suspend its proceedings, 
in whole or in part, if the judgment is challenged in the Member State of origin or in the event 
of an application for a review pursuant to Articles 45 or 46. 

EN 

40 

   EN 

SUBSECTION 2 

ENFORCEMENT 

Article 40  

An enforceable judgment shall carry with it by operation of law the power to proceed to any 
protective measures which exist under the law of the Member State of enforcement. 

Article 41  

1. Subject to the provisions of this Chapter, the procedure for the enforcement of judgments 
given  in  another  Member  State  shall  be  governed  by  the  law  of  the  Member  State  of 
enforcement. A judgment given in a Member State which is enforceable in the Member State 
of enforcement shall be enforced there under the same conditions as a judgment given in that 
Member State. 

2.  Notwithstanding  paragraph  1,  the  grounds  of  refusal  or  suspension  of  enforcement  under 
the  law  of  the  Member  State  of  enforcement  shall  not  apply  in  so  far  as  they  concern 
situations referred to in Articles 43 to 46.  

Article 42 

1. For the purposes of enforcement in another Member State of a judgment other than those 
referred to in paragraph 2 , the applicant shall provide the competent enforcement authorities 
with: 

(a) 

(b) 

a copy of the judgment which satisfies the conditions necessary to establish its 
authenticity; and 

the  certificate  in  the  form  set  out  in  Annex  I  issued  by  the  court  of  origin, 
certifying that the judgment is enforceable and, containing, where appropriate, 
an extract of the judgment as well as relevant information on the recoverable 
costs of the proceedings and the calculation of interest. 

2.  For  the  purposes  of  enforcement  in  another  Member  State  of  a  judgment  ordering  a 
provisional, including protective measure, the applicant shall provide the competent 
enforcement authorities with 

(a) 

a copy of the judgment which satisfies the conditions necessary to establish its 
authenticity; and 

(b)  the  certificate  in  the  form  set  out  in  Annex  I  issued  by  the  court  of  origin, 

containing a description of the measure and certifying  

(i) that the court has jurisdiction as to the substance of the matter; and 

EN 

41 

   EN 

(ii) where the measure is ordered without the defendant being summoned 
to appear and is intended to be enforced without prior service of the 
defendant, that the defendant has the right to challenge the measure 
under the law of the Member State of origin. 

3. The competent authority may, where necessary, request a transliteration or a translation of 
the content of the form referred to in point (b) of paragraphs 1 and 2 above in accordance with 
Article 69.  

4.  The  competent  authorities  may  not  require  the  applicant  to  provide  a  translation  of  the 
judgment.  However,  a  translation  may  be  required  if  the  enforcement  of  the  judgment  is 
challenged and a translation appears necessary. 

Article 43 

The  competent  authority  in  the  Member  State  of  enforcement  shall,  on  application  by  the 
defendant, refuse, either wholly or in part, the enforcement of the judgment if  

(a) it is irreconcilable with a judgment given in a dispute between the same parties in 
the Member State of enforcement; 

(b) it is irreconcilable with an earlier judgment given in another Member State or in a 
third State involving the same cause of action and between the same parties provided 
that  the  earlier  judgment  fulfils  the  conditions  necessary  for  its  recognition  in  the 
Member State of enforcement. 

Article 44  

1.  In  the  event  of  an  application  for  a  review  pursuant  to  Article  45  or  Article  46,  the 
competent  authority  in  the  Member  State  of  enforcement  may,  on  application  by  the 
defendant: 

(a) limit the enforcement proceedings to protective measures; 

(b)  make  enforcement  conditional  on  the  provision  of  such  security  as  it  shall 
determine; or 

(c) suspend, either wholly or in part, the enforcement of the judgment.  

2. The competent authority shall, on application by the defendant, suspend the enforcement of 
the judgment where the enforceability of that judgment is suspended in the Member State of 
origin. 

3. Where a protective measure was ordered without the defendant having been summoned to 
appear and enforced without prior service of the defendant, the competent authority may, on 
application  by  the  defendant,  suspend  the  enforcement  if  the  defendant  has  challenged  the 
measure in the Member State of origin. 

EN 

42 

   EN 

SUBSECTION 3 

COMMON PROVISIONS 

Article 45  

1. A defendant who did not enter an appearance in the Member State of origin shall have the 
right to apply for a review of the judgment before the competent court of that Member State 
where: 

(a) 

he  was  not  served  with  the  document  instituting  the  proceedings  or  an 
equivalent document in sufficient time and in such a way as to enable him to 
arrange for his defence; or 

(b)  he was prevented from contesting the claim by reason of force majeure or due 

to extraordinary circumstances without any fault on his part; 

unless he failed to challenge the judgment when it was possible for him to do so. 

2. The application shall be submitted using the form set out in Annex II. 

3. The application may be submitted directly to the court in the Member State of origin which 
is competent for the review pursuant to this Article. The application may also be submitted to 
the  competent  court  of  the  Member  State  of  enforcement  which  will  without  undue  delay 
transfer the application to the competent court in the Member State of origin using the means 
of communication as notified pursuant to Article 87 point b. 

4. The application for a review shall be made promptly, in any event within 45 days from the 
day the defendant was effectively acquainted with the contents of the judgment and was able 
to react. Where the defendant applies for a review in the context of enforcement proceedings, 
the time period shall run at the latest from the date of the first enforcement measure having 
the effect of making his property non-disposable in whole or in part. The application shall be 
deemed to be made when it is received by either of the courts referred to in paragraph 3.  

5.  If  the  application  for  a  review  is  manifestly  unfounded,  the  court  shall  dismiss  the 
application immediately and in any event within 30 days from the receipt of the application. 
In such case, the judgment shall remain in force. 

If the court decides that a review is justified on one of the grounds laid down in paragraph 1, 
the judgment shall be null and void. However, the party who obtained the judgment before the 
court  of  origin  shall  not  lose  the  benefits  of  the  interruption  of  prescription  or  limitation 
periods acquired in the initial proceedings. 

6.  This  provision  shall  apply  instead  of  Article  19,  paragraph  4  of  Regulation  (EC)  No 
1393/2007, if the document instituting the proceedings or an equivalent document had to be 
transmitted from one Member State to another pursuant to that Regulation. 

EN 

43 

   EN 

Article 46 

1. In cases other than those covered by Article 45, a party shall have the right to apply for a 
refusal of recognition or enforcement of a judgment where such recognition or enforcement 
would not be permitted by the fundamental principles underlying the right to a fair trial.  

2.  The  application  shall  be  brought  before  the  court  of  the  Member  State  of  enforcement, 
listed  in  Annex  III.  The  local  jurisdiction  shall  be  determined  by  reference  to  the  place  of 
domicile  of  the  party  against  whom  recognition or  enforcement  is  sought  or  to  the  place  of 
enforcement. 

3.  The  procedure  for  making  the  application  shall  be  governed  by  the  law  of  the  Member 
State of enforcement. 

4.  If  the  application  is  manifestly  unfounded,  the  court  shall  dismiss  the  application 
immediately and in any event within 30 days from the receipt of the application.  

5.  If  the  court  decides  that  the  application  is  justified,  recognition  or  enforcement  of  the 
judgment shall be refused.  

6. The judgment given in accordance with this Article may be contested only by the appeal 
referred to in Annex IV. 

7. The court seised of an application in accordance with this Article may stay the proceedings 
if an ordinary appeal has been lodged against the judgment in the Member State of origin or if 
the time for such an appeal has not yet expired. Where the time for such an appeal has not yet 
expired, the court may specify the time within which such an appeal is to be lodged. 

8. The unsuccessful party shall bear the costs of the proceedings under this Article, including 
the legal costs of the other party. 

(cid:208) 44/2001 (adapted) 

SECTION 12 

RECOGNITION ⌦ JUDGMENTS FOR WHICH A DECLARATION OF 
ENFORCEABILITY IS REQUIRED ON A TRANSITIONAL BASIS⌫ 

Article 3347 

1. A judgment given in a Member State concerning matters referred to in Article 37(3) shall 
be recognised in the other Member States without any special procedure being required. 

2.  Any  interested  party  who  raises  the  recognition  of  a  judgment  as  the  principal  issue  in  a 
dispute  may,  in  accordance  with  the  procedures  provided  for  in  ⌦ Articles  50  to  63 ⌫  , 
apply for a decision that the judgment be recognised. 

EN 

44 

   EN 

 
3. If the outcome of proceedings in a court of a Member State depends on the determination 
of an incidental question of recognition that court shall have jurisdiction over that question. 

(cid:208) 44/2001 

(cid:208) 44/2001 (adapted) 

Article 3448 

A judgment shall not be recognised: 

1. 

2. 

3. 

4. 

if  such  recognition  is  manifestly  contrary  to  public  policy ⌦ (ordre  public) ⌫  in 
the Member State in which recognition is sought; 

(cid:208) 44/2001 

where it was given in default of appearance, if the defendant was not served with the 
document  which  instituted  the  proceedings  or  with  an  equivalent  document  in 
sufficient time and in such a way as to enable him to arrange for his defence, unless 
the  defendant  failed  to  commence  proceedings  to  challenge  the  judgment  when  it 
was possible for him to do so; 

if it is irreconcilable with a judgment given in a dispute between the same parties in 
the Member State in which recognition is sought; 

(cid:208) 44/2001 (adapted) 

if it is irreconcilable with an earlier judgment given in another Member State or in a 
third  State  involving  the  same  cause  of  action  and  between  the  same  parties, 
provided that the earlier judgment fulfils the conditions necessary for its recognition 
in the Member State addressed ⌦ in which recognition is sought ⌫ . 

(cid:208) 44/2001 
(cid:214) new 

Article 35 

1.  Moreover,  a  judgment  shall  not  be  recognised  if  it  conflicts  with  Sections  3,  4  or  6  of 
Chapter II, or in a case provided for in Article 72. 

2. In its examination of the grounds of jurisdiction referred to in the foregoing paragraph, the 
court or authority applied to shall be bound by the findings of fact on which the court of the 
Member State of origin based its jurisdiction. 

3. Subject to the paragraph 1, the jurisdiction of the court of the Member State of origin may 
not  be  reviewed.  The  test  of  public  policy  referred  to  in  point  1  of  Article  34  may  not  be 
applied to the rules relating to jurisdiction. 

EN 

45 

   EN 

 
 
 
 
 
Article 3749 

1. A court of a Member State in which recognition is sought of a judgment given in another 
Member State may (cid:214) shall  stay the proceedings if an ordinary appeal against the judgment 
has  been  lodged  (cid:214) the  enforceability  of  the  decision  is  suspended  in  the  Member  State  of 
origin by reason of an appeal . 

2. A court of a Member State in which recognition is sought of a judgment given in Ireland or 
the  United  Kingdom  may  stay  the  proceedings  if  enforcement  is  suspended  in  the  State  of 
origin, by reason of an appeal.  

(cid:208) 44/2001 (adapted) 

SECTION 2 

ENFORCEMENT 

Article 3850 

1.  A  judgment  given  in  a  Member  State  and  enforceable  in  that  State  shall  be  enforced 
⌦ enforceable ⌫  in  another  ⌦ the  other ⌫  Member  State  ⌦ States ⌫  when,  on  the 
application  of  any  interested  party,  it  has  been  declared  enforceable  there ⌦ in  accordance 
with the procedure provided for in Articles 51 to 63 ⌫ . 

2.  However,  in  the  United  Kingdom,  such  a  judgment  shall  be  enforced  in  England  and 
Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it 
has been registered for enforcement in that part of the United Kingdom. 

(cid:208) 44/2001 

Article 3951 

(cid:208) 44/2001 (adapted) 
(cid:214) new 

1. The application ⌦ for a declaration of enforceability ⌫ shall be submitted to the court or 
competent authority indicated in the list in Annex II (cid:214) of the Member State of enforcement 
notified by that Member State to the Commission in accordance with Article 87 point d  . 

2. The local jurisdiction shall be determined by reference to the place of domicile of the party 
against whom enforcement is sought, or to the place of enforcement. 

(cid:208) 44/2001 

EN 

46 

   EN 

 
 
 
Article 4052 

(cid:208) 44/2001 (adapted) 

1. 

The procedure for making the application ⌦ for a declaration of enforceability ⌫ 
shall be governed by the law of the Member State in which ⌦ of ⌫ enforcement is 
sought. 

2. 

⌦ The application shall be accompanied by the following documents: ⌫ 

⌦ (a)  a  copy  of  the  judgment  which  satisfies  the  conditions  necessary  to  establish  its 

authenticity ⌫ 

⌦ (b) 

the  certificate  issued  by  the  court  or  competent  authority  of  the  Member  State  of 
origin using the form set out in Annex VI, without prejudice to Article 53. ⌫ 

(cid:208) 44/2001 

2. The applicant must give an address for service of process within the area of jurisdiction of 
the court applied to. However, if the law of the Member State in which enforcement is sought 
does  not  provide  for  the  furnishing  of  such  an  address,  the  applicant  shall  appoint  a 
representative ad litem. 

3. The documents referred to in Article 53 shall be attached to the application. 

Article 5553 

1. If the certificate referred to in Article 54 52(2)(b) is not produced, the court or competent 
authority  may  specify  a  time  for  its  production  or  accept  an  equivalent  document  or,  if  it 
considers that it has sufficient information before it, dispense with its production. 

2. ⌦ In  the  situation  referred  to  in  paragraph  1, ⌫  Iif  the  court  or  competent  authority  so 
requires, a translation of the documents shall be produced. The translation shall be certified by 
a person qualified to do so in one of the Member States. 

(cid:208) 44/2001 (adapted) 

Article 4154 

The  judgment  shall  be  declared  enforceable  ⌦ without  any  review  under  Article  48 ⌫ 
immediately  on  completion  of  the  formalities  in  Article  5352  without  any  review  under 
Articles 34 and 35. The party against whom enforcement is sought shall not at this stage of 
the proceedings be entitled to make any submissions on the application. 

Article 4255 

1.  The  decision  on  the  application  for  a  declaration  of  enforceability  shall  forthwith  be 
brought to the notice of the applicant in accordance with the procedure laid down by the law 
of the Member State in which ⌦ of ⌫ enforcement is sought. 

EN 

47 

   EN 

 
 
 
2. The declaration of enforceability shall be served on the party against whom enforcement is 
sought, accompanied by the judgment, if not already served on that party. 

(cid:208) 44/2001 

1. The decision on the application for a declaration of enforceability may be appealed against 
by either party. 

Article 4356 

(cid:208) 44/2001 
(cid:214) new 

2. The appeal is to be lodged with the court in the list in Annex III (cid:214) of the Member State of 
enforcement notified by that Member State to the Commission in accordance with Article 87 
point e  . 

3.  The  appeal  shall  be  dealt  with  in  accordance  with  the  rules  governing  procedure  in 
contradictory matters. 

4. If the party against whom enforcement is sought fails to appear before the appellate court in 
proceedings concerning an appeal brought by the applicant, Article 26(2) to (4) 28 shall apply 
even  where  the  party  against  whom  enforcement  is  sought  is  not  domiciled  in  any  of  the 
Member States. 

5. An appeal against the declaration of enforceability is to be lodged within one month (cid:214) 30 
days  of service thereof. If the party against whom enforcement is sought is domiciled in a 
Member State other than that in which the declaration of enforceability was given, the time 
for appealing shall be two months (cid:214) 45 days  and shall run from the date of service, either 
on  him  in  person  or  at  his  residence.  No  extension  of  time  may  be  granted  on  account  of 
distance. 

Article 4457 

The judgment given on the appeal may be contested only by the appeal referred to in Annex 
IV  (cid:214) procedure  notified  by  the  Member  State  concerned  to  the  Commission  in  accordance 
with Article 87 point f  . 

Article 4558 

(cid:208) 44/2001 (adapted) 

1. The court with which an appeal is lodged under Article 43 56 or Article 44 57 shall refuse 
or revoke a declaration of enforceability only on one of the grounds specified in Articles 34 
and 3548. It shall give its decision without delay. 

2. Under no circumstances may the foreign judgment be reviewed as to its substance. 

EN 

48 

   EN 

 
 
 
2.  Subject  to  Article  56  (4),  the  court  seised  of  an  appeal  under  Article  56  shall  give  its 
decision within 90 days from the date it was seised, except where exceptional circumstances 
make this impossible. 

(cid:216) new 

⌦ 3. The court seised of an appeal under Article 57 shall give its decision without delay. ⌫ 

(cid:208) 44/2001 (adapted) 

(cid:208) 44/2001 
(cid:214) new 

Article 4659 

1.  The  court  with  which  an  appeal  is  lodged  under  Article  43  56  or  Article  44  57  may 
(cid:214) shall   ,  on  the  application  of  the  party  against  whom  enforcement  is  sought,  stay  the 
proceedings if an ordinary appeal has been lodged against the judgment (cid:214) the enforceability 
of  the  decision  is  suspended   in  the  Member  State  of  origin  or  if  the  time  for  such  (cid:214) by 
reason of  an appeal has not yet expired; in the latter case, the court may specify the time 
within which such an appeal is to be lodged. 

2.  Where  the  judgment  was  given  in  Ireland  or  the  United  Kingdom,  any  form  of  appeal 
available in the Member State of origin shall be treated as an ordinary appeal for the purposes 
of paragraph 1. 

2. The court may also make enforcement conditional on the provision of such security as it 
shall determine. 

Article 60 

(cid:208) 44/2001 (adapted) 

1. When a judgment must be recognised in accordance with this Regulation ⌦ Section ⌫ , 
nothing shall prevent the applicant from availing himself of provisional, including protective, 
measures  in  accordance  with  the  law  of  the  Member  State  requested ⌦ of  enforcement ⌫ 
without a declaration of enforceability under Article 41 54 being required. 

2. The declaration of enforceability shall carry with it ⌦ by operation of law ⌫ the power to 
proceed to any protective measures. 

3.  During  the  time  specified  for  an  appeal  pursuant  to  Article  43(5)  56(5)  against  the 
declaration of enforceability and until any such appeal has been determined, no measures of 
enforcement  may  be  taken  other  than  protective  measures  against  the  property  of  the  party 
against whom enforcement is sought. 

(cid:208) 44/2001 (adapted) 

EN 

49 

   EN 

 
 
 
 
 
Article 4861 

1. Where a foreign judgment has been given in respect of several matters and the declaration 
of enforceability cannot be given for all of them, the court or competent authority shall give it 
for one or more of them. 

2. An applicant may request a declaration of enforceability limited to parts of a judgment. 

(cid:208) 44/2001 

(cid:208) 44/2001 (adapted) 
(cid:214) new 

Article 5062 

An applicant who, in the Member State of origin has benefited from complete or partial legal 
aid  or  exemption  from  costs  or  expenses,  shall be  entitled,  in  the  procedure  provided  for  in 
this  Section  (cid:214) any  proceedings  for  a  declaration  of  enforceability   ,  to  benefit  from  the 
most favourable legal aid or the most extensive exemption from costs or expenses provided 
for by the law of the Member State addressed ⌦ of enforcement ⌫ . 

(cid:208) 44/2001 (adapted) 

Article 5263 

In  proceedings  for  the  issue  of  a  declaration  of  enforceability,  no  charge,  duty  or  fee 
calculated by reference to the value of the matter at issue may be levied in the Member State 
in which ⌦ of ⌫ enforcement is sought. 

SECTION 3 

COMMON PROVISIONS 

(cid:208) 44/2001 

Article 64 

Under  no  circumstances  may  a  judgment  given  in  a  Member  State  be  reviewed  as  to  its 
substance in the Member State in which recognition, enforceability or enforcement is sought. 

EN 

50 

   EN 

 
 
 
 
(cid:216) new 

Article 65  

The  party  seeking  the  recognition,  enforceability  or  enforcement  of  a  judgment  given  in 
another  Member  State  shall  not  be  required  to  have  a  postal  address  or  an  authorised 
representative in the Member State of enforcement. 

Article 66 

If  a  judgment  contains  a  measure  or  an  order  which  is  not  known  in  the  Member  State  of 
enforcement, the competent authority in that Member State shall, to the extent possible, adapt 
the measure or order to one known under its own law which has equivalent effects attached to 
it and pursues similar aims and interests. 

(cid:208) 44/2001 (adapted) 
(cid:214) new 

Article 4967 

A foreign judgment ⌦ given in a Member State ⌫ which orders a periodic payment by way 
of a penalty shall be enforceable in the Member State of enforcement ⌦ in accordance with 
Sections  1  or  2,  as  the  case  may  be. ⌫  (cid:214) The  competent  court  or  authority  in  the  Member 
State of enforcement shall determine  only if the amount of the payment (cid:214) if that amount  
has (cid:214) not  been finally determined by the courts of the Member State of origin. 

Article 5168 

No  security,  bond  or  deposit,  however  described,  shall  be  required  of  a  party  who  in  one 
Member State applies for enforcement of a judgment given in another Member State on the 
ground  that  he  is  a  foreign  national  or  that  he  is  not  domiciled  or  resident  in  the 
⌦ Member ⌫ State in which ⌦ of ⌫ enforcement is sought. 

(cid:216) new 

Article 69 

1. When a transliteration or translation is required under this Regulation, such transliteration 
or  translation  shall  be  into  the  official  language  of  the  Member  State  concerned  or,  where 
there are several official languages in that Member State, into the official language or one of 
the  official  languages  of  court  proceedings  of  the  place  where  a  recognised  judgment  is 
invoked or an application is made, in accordance with the law of that Member State. 

2.  For  the  purposes  of  the  forms  referred  to  in  Articles  39  and  42,  transliterations  or 
translations may also be into any other official language or languages of the institutions of the 
Union that the Member State concerned has indicated it can accept.  

EN 

51 

   EN 

 
 
 
3.  Any  translation  made  under  this  Regulation  shall  be  done  by  a  person  qualified  to  do 
translations in one of the Member States. 

(cid:208) 44/2001 (adapted) 

Article 53 

1. A party seeking recognition or applying for a declaration of enforceability shall produce a 
copy of the judgment which satisfies the conditions necessary to establish its authenticity. 

2.  A  party  applying  for  a  declaration  of  enforceability  shall  also  produce  the  certificate 
referred to in Article 54, without prejudice to Article 55. 

Article 54 

The court or competent authority of a Member State where a judgment was given shall issue, 
at the request of any interested party, a certificate using the standard form in Annex V to this 
Regulation.Article 55 

1. If the certificate referred to in Article 54 is not produced, the court or competent authority 
may specify a time for its production or accept an equivalent document or, if it considers that 
it has sufficient information before it, dispense with its production. 

2.  If  the  court  or  competent  authority  so  requires,  a  translation  of  the  documents  shall  be 
produced.  The  translation  shall  be  certified  by  a  person  qualified  to  do  so  in  one  of  the 
Member States. 

Article 56 

No  legalisation  or  other  similar  formality  shall  be  required  in  respect  of  the  documents 
referred  to  in  Article  53  or  Article  55(2),  or  in  respect  of  a  document  appointing  a 
representative ad litem. 

CHAPTER IV 

AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS 

Article 5770 

(cid:208) 44/2001 (adapted) 
(cid:214) new 

1. A document which has been formally drawn up or registered as aAn authentic instrument 
and  ⌦ which ⌫  is  enforceable  in  one  Member  State  shall,  in  another  Member  State,  be 
declared enforceable there, on application made in accordance with the procedures provided 

EN 

52 

   EN 

 
 
for in Articles 38, et seq (cid:214) enforced in the other Member States in the same way as judgments 
in accordance with Sections 1 or 2 of Chapter III respectively  . The court with which an 
appeal  is  lodged  under  Article  43  or  Article  44  shall  refuse  or  revoke  a  declaration  of 
enforceability only if enforcement of the instrument is manifestly contrary to public policy in 
the Member State addressed. 

(cid:208) 44/2001 
(cid:214) new 

2.  Arrangements  relating  to  maintenance  obligations  concluded  with  administrative 
authorities or authenticated by them shall also be regarded as authentic instruments within the 
meaning of paragraph 1. 

32. The instrument produced must satisfy the conditions necessary to establish its authenticity 
in the Member State of origin. (cid:214) The competent authority of the Member State of origin shall 
issue, at the request of any interested party, the certificate in the form set out in Annex V and 
VII, as the case may be, containing a summary of the enforceable obligation contained in the 
instrument.  

(cid:208) 44/2001 (adapted) 
(cid:214) new 

43. ⌦ The provisions of ⌫ Section 1 or 2 of Chapter III ⌦ , respectively, ⌫ shall apply as 
appropriate. The competent authority of a Member State where an authentic instrument was 
drawn up or registered shall issue, at the request of any interested party, a certificate using the 
standard form in Annex VI to this Regulation. 

Article 5871 

A ⌦ court ⌫ settlement which has been approved by a court in the course of proceedings 
and is enforceable in the Member State of origin shall be enforceable in the State addressed 
(cid:214) enforced in the other Member States  under the same conditions as authentic instruments. 
The  ⌦ competent ⌫  court  or  competent  authority  of  a  ⌦ the ⌫  Member  State  ⌦ of 
origin ⌫ where a court settlement was approved shall issue, at the request of any interested 
party, a ⌦ the ⌫ certificate using ⌦ in ⌫ thestandard form ⌦ set out ⌫ in Annex V to 
this Regulation (cid:214) , containing a summary of the agreement between the parties  . 

CHAPTER V 

GENERAL PROVISIONS 

(cid:216) new 

Article 72 

No legalisation or other similar formality shall be required in the context of this Regulation. 

EN 

53 

   EN 

 
 
 
(cid:208) 44/2001 

Article 5973 

1.In  order  to  determine  whether  a  party  is  domiciled  in  the  Member  State  whose  courts  are 
seised of a matter, the court shall apply its internal law. 

2. If a party is not domiciled in the Member State whose courts are seised of the matter, then, 
in order to determine whether the party is domiciled in another Member State, the court shall 
apply the law of that Member State 

1.  For  the  purposes  of  this  Regulation,  a  company  or  other  legal  person  or  association  of 
natural or legal persons is domiciled at the place where it has its: 

Article 6074 

(a) 

(b) 

(c) 

statutory seat, or 

central administration, or 

principal place of business. 

2. For the purposes of the United Kingdom and Ireland ‘statutory seat’ means the registered 
office or, where there is no such office anywhere, the place of incorporation or, where there is 
no such place anywhere, the place under the law of which the formation took place. 

3. In order to determine whether a trust is domiciled in the Member State whose courts are 
seised of the matter, the court shall apply its rules of private international law. 

Article 6175 

Without prejudice to any more favourable provisions of national laws, persons domiciled in a 
Member  State  who  are  being  prosecuted  in  the  criminal  courts  of  another  Member  State  of 
which  they  are  not  nationals  for  an  offence  which  was  not  intentionally  committed  may  be 
defended by persons qualified to do so, even if they do not appear in person. However, the 
court seised of the matter may order appearance in person; in the case of failure to appear, a 
judgment given in the civil action without the person concerned having had the opportunity to 
arrange for his defence need not be recognised or enforced in the other Member States. 

Article 62 

In Sweden, in summary proceedings concerning orders to pay (betalningsföreläggande) and 
assistance (handräckning), the expression ‘court’ includes the ‘Swedish enforcement service’ 
(kronofogdemyndighet). 

EN 

54 

   EN 

 
(cid:208) 44/2001 (adapted) 

Article 63 

1.  A  person  domiciled  in  the  territory  of  the  Grand  Duchy  of  Luxembourg  and  sued  in  the 
court  of  another  Member  State  pursuant  to  Article  5(1)  may  refuse  to  submit  to  the 
jurisdiction of that court if the final place of delivery of the goods or provision of the services 
is in Luxembourg. 

2.  Where,  under  paragraph  1,  the  final  place  of  delivery  of  the  goods  or  provision  of  the 
services is in Luxembourg, any agreement conferring jurisdiction must, in order to be valid, 
be accepted in writing or evidenced in writing within the meaning of Article 23(1)(a). 

3.  The  provisions  of  this  Article  shall  not  apply  to  contracts  for  the  provision  of  financial 
services. 

4. The provisions of this Article shall apply for a period of six years from entry into force of 
this Regulation. 

Article 64 

1.  In  proceedings  involving  a  dispute  between  the  master  and  a  member  of  the  crew  of  a 
seagoing  ship  registered  in  Greece  or  in  Portugal,  concerning  remuneration  or  other 
conditions  of  service,  a  court  in  a  Member  State  shall  establish  whether  the  diplomatic  or 
consular officer responsible for the ship has been notified of the dispute. It may act as soon as 
that officer has been notified. 

2. The provisions of this Article shall apply for a period of six years from entry into force of 
this Regulation. 

Article 6576 

(cid:208) 2003 Accession Act, Art. 20 
and Annex II, p. 715 (adapted) 
(cid:214) new 

1.  The  jurisdiction  specified  in  Article  6(2)  and  Article  11  in  actions  on  a  warranty  of 
⌦ or ⌫ guarantee or in any other third party proceedings may not be resorted to Germany, 
Austria  and  Hungary  (cid:214) in  the  Member  States  referred  to  in  Annex  VIII  only  insofar  as 
permitted under national law  . Any person domiciled in another Member State may be sued 
in  the  courts:  (cid:214) of  those  Member  States  pursuant  to  the  rules  referred  to  in  Annex  VIII  on 
third party notice, without prejudice to Articles 22 and 23.  

(a) 

(b) 

EN 

of  Germany,  pursuant  to  Articles  68  and  72  to  74  of  the  Code  of  Civil  Procedure 
(Zivilprozessordnung) concerning third-party notices; 

of  Austria,  pursuant 
(Zivilprozessordnung) concerning third-party notices; 

to  Article  21  of 

the  Code  of  Civil  Procedure 

55 

   EN 

 
 
(c) 

of  Hungary,  pursuant  to  Articles  58  to  60  of  the  Code  of  Civil  Procedure  (Polgári 
perrendtartás) concerning third-party notices. 

The court having jurisdiction pursuant to this Article shall decide on the admissibility of the 
third party notice. 

(cid:216) new 

(cid:208) 2003 Accession Act, Art. 20 
and Annex II, p. 715 
(cid:214) new 

(2). Judgments given in other Member States by virtue of Article 6(2) or Article 11 shall be 
recognised and enforced in Germany, Austria and Hungary (cid:214) the Member States referred to 
in Annex VIII  in accordance with Chapter III. Any effects which judgments given in these 
States may have on third parties by application of the provisions in paragraph 1 shall also be 
recognised in the other Member States. 

(cid:208) 44/2001 (adapted) 

CHAPTER VI 

TRANSITIONAL PROVISIONS 

Article 6677 

1. This Regulation shall apply only to legal proceedings instituted and to documents formally 
drawn up or registered as authentic instruments as of the date of entry into application thereof. 

⌦ 2.  Legal  proceedings  instituted  and  documents  formally  drawn  up  or  registered  as 
authentic  instruments  prior  to  the  date  of  entry  into  application  of  this  Regulation  shall  be 
governed by Chapter III, Sections 2 and 3. ⌫ 

2. However, if the proceedings in the Member State of origin were instituted before the entry 
into force of this Regulation, judgments given after that date shall be recognised and enforced 
in accordance with Chapter III, 

(a) 

(b) 

if the proceedings in the Member State of origin were instituted after the entry into 
force of the Brussels or the Lugano Convention both in the Member State or origin 
and in the Member State addressed; 

in all other cases, if jurisdiction was founded upon rules which accorded with those 
provided for either in Chapter II or in a convention concluded between the Member 
State  of  origin  and  the  Member  State  addressed  which  was  in  force  when  the 
proceedings were instituted. 

EN 

56 

   EN 

 
 
 
(cid:208) 44/2001 

CHAPTER VII 

RELATIONS WITH OTHER INSTRUMENTS 

(cid:208) 44/2001 (adapted) 

Article 6778 

This  Regulation  shall  not  prejudice  the  application  of  provisions  governing  jurisdiction  and 
the  recognition  and  enforcement  of  judgments  in  specific  matters  which  are  contained  in 
Community instruments ⌦ of the Union ⌫ or in national legislation harmonised pursuant to 
such instruments. 

Article 687979 

1. This Regulation shall, as between the Member States, supersede the Brussels Convention, 
except as regards the territories of the Member States which fall within the territorial scope of 
that  Convention  and  which  are  excluded  from  this  Regulation  pursuant  to  Article  299 
⌦ 355 ⌫ of the Treaty. 

2.  In  so  far  as  this  Regulation  replaces  the  provisions  of  the  Brussels  Convention  between 
Member  States,  any  reference  to  the  Convention  shall  be  understood  as  a  reference  to  this 
Regulation. 

(cid:208) 44/2001 

Article 6980 

(cid:208) 44/2001 (adapted) 
(cid:214) new 

Subject  to  Articles  66(2)81  and  7082  ,  this  Regulation  shall,  as  between  Member  States, 
supersede  the  following  conventions  and  treaty  concluded  between  two  or  more  of  them: 
⌦ that  cover  the  same  matters  as  those  to  which  this  Regulation  applies.  In  particular,  the 
conventions mentioned in Annex IX shall be superseded. ⌫  

– 

– 

the  Convention  between  Belgium  and  France  on  Jurisdiction  and  the  Validity  and 
Enforcement of Judgments, Arbitration Awards and Authentic Instruments, signed at 
Paris on 8 July 1899, 

the  Convention  between  Belgium  and  the  Netherlands  on  Jurisdiction,  Bankruptcy, 
and the Validity and Enforcement of Judgments, Arbitration Awards and Authentic 
Instruments, signed at Brussels on 28 March 1925, 

EN 

57 

   EN 

 
 
 
 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the Convention between France and Italy on the Enforcement of Judgments in Civil 
and Commercial Matters, signed at Rome on 3 June 1930, 

(cid:208) Corrigendum, OJ L 307, 
24.11.2001, p. 28 (adapted) 

the Convention between the United Kingdom and the French Republic providing for 
the  reciprocal  enforcement  of  judgments  in  civil  and  commercial  matters,  with 
Protocol, signed at Paris on 18 January 1934, 

the  Convention  between  the  United  Kingdom  and  the  Kingdom  of  Belgium 
providing  for  the  reciprocal  enforcement  of  judgments  in  civil  and  commercial 
matters, with Protocol, signed at Brussels on 2 May 1934, 

(cid:208) 44/2001 (adapted) 

the Convention between Germany and Italy on the Recognition and Enforcement of 
Judgments in Civil and Commercial Matters, signed at Rome on 9 March 1936, 

the  Convention  between  Belgium  and  Austria  on  the  Reciprocal  Recognition  and 
Enforcement  of  Judgments  and  Authentic  Instruments  relating  to  Maintenance 
Obligations, signed at Vienna on 25 October 1957, 

the  Convention  between  Germany  and  Belgium  on  the  Mutual  Recognition  and 
Enforcement  of  Judgments,  Arbitration  Awards  and  Authentic  Instruments  in  Civil 
and Commercial Matters, signed at Bonn on 30 June 1958, 

the  Convention  between  the  Netherlands  and  Italy  on  the  Recognition  and 
Enforcement of Judgments in Civil and Commercial Matters, signed at Rome on 17 
April 1959, 

the  Convention  between  Germany  and  Austria  on  the  Reciprocal  Recognition  and 
Enforcement  of  Judgments,  Settlements  and  Authentic  Instruments  in  Civil  and 
Commercial Matters, signed at Vienna on 6 June 1959, 

the  Convention  between  Belgium  and  Austria  on  the  Reciprocal  Recognition  and 
Enforcement of Judgments, Arbitral Awards and Authentic Instruments in Civil and 
Commercial Matters, signed at Vienna on 16 June 1959, 

(cid:208) Corrigendum, OJ L 307, 
24.11.2001, p. 28 (adapted) 

the Convention between the United Kingdom and the Federal Republic of Germany 
for the reciprocal recognition and enforcement of judgments in civil and commercial 
matters, signed at Bonn on 14 July 1960, 

the  Convention  between  the  United  Kingdom  and  Austria  providing  for  the 
reciprocal  recognition  and  enforcement  of  judgments  in  civil  and  commercial 
matters, signed at Vienna on 14 July 1961, with amending Protocol signed at London 
on 6 March 1970, 

EN 

58 

   EN 

 
 
 
– 

– 

– 

– 

– 

– 

– 

– 

– 

(cid:208) 44/2001 (adapted) 

the  Convention  between  Greece  and  Germany  for  the  Reciprocal  Recognition  and 
Enforcement  of  Judgments,  Settlements  and  Authentic  Instruments  in  Civil  and 
Commercial Matters, signed in Athens on 4 November 1961, 

the Convention between Belgium and Italy on the Recognition and Enforcement of 
Judgments  and  other  Enforceable  Instruments  in  Civil  and  Commercial  Matters, 
signed at Rome on 6 April 1962, 

the  Convention  between  the  Netherlands  and  Germany  on  the  Mutual  Recognition 
and  Enforcement  of  Judgments  and  Other  Enforceable  Instruments  in  Civil  and 
Commercial Matters, signed at The Hague on 30 August 1962, 

the Convention between the Netherlands and Austria on the Reciprocal Recognition 
and Enforcement of Judgments and Authentic Instruments in Civil and Commercial 
Matters, signed at The Hague on 6 February 1963, 

(cid:208) Corrigendum, OJ L 307, 
24.11.2001, p. 28 (adapted) 

the  Convention  between  the  United  Kingdom  and  the  Republic  of  Italy  for  the 
reciprocal  recognition  and  enforcement  of  judgments  in  civil  and  commercial 
matters,  signed  at  Rome  on  7  February  1964,  with  amending  Protocol  signed  at 
Rome on 14 July 1970, 

the Convention between France and Austria on the Recognition and Enforcement of 
Judgments  and  Authentic  Instruments  in  Civil  and  Commercial  Matters,  signed  at 
Vienna on 15 July 1966, 

(cid:208) 44/2001 (adapted) 

(cid:208) Corrigendum, OJ L 307, 
24.11.2001, p. 28 (adapted) 

the  Convention  between  the  United  Kingdom  and  the  Kingdom  of  the  Netherlands 
providing  for  the  reciprocal  recognition  and  enforcement  of  judgments  in  civil 
matters, signed at The Hague on 17 November 1967, 

(cid:208) 44/2001 (adapted) 

the  Convention  between  Spain  and  France  on  the  Recognition  and  Enforcement  of 
Judgment Arbitration Awards in Civil and Commercial Matters, signed at Paris on 28 
May 1969, 

the  Convention  between  Luxembourg  and  Austria  on  the  Recognition  and 
Enforcement  of  Judgments  and  Authentic  Instruments  in  Civil  and  Commercial 
Matters, signed at Luxembourg on 29 July 1971, 

EN 

59 

   EN 

 
 
 
 
 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the  Convention  between  Italy  and  Austria  on  the  Recognition  and  Enforcement  of 
Judgments  in  Civil  and  Commercial  Matters,  of  Judicial  Settlements  and  of 
Authentic Instruments, signed at Rome on 16 November 1971, 

the  Convention  between  Spain  and  Italy  regarding  Legal  Aid  and  the  Recognition 
and Enforcement of Judgments in Civil and Commercial Matters, signed at Madrid 
on 22 May 1973, 

the  Convention  between  Finland,  Iceland,  Norway,  Sweden  and  Denmark  on  the 
Recognition and Enforcement of Judgments in Civil Matters, signed at Copenhagen 
on 11 October 1977, 

the Convention between Austria and Sweden on the Recognition and Enforcement of 
Judgments in Civil Matters, signed at Stockholm on 16 September 1982, 

the  Convention  between  Spain  and  the  Federal  Republic  of  Germany  on  the 
Recognition and Enforcement of Judgments, Settlements and Enforceable Authentic 
Instruments in Civil and Commercial Matters, signed at Bonn on 14 November 1983, 

the Convention between Austria and Spain on the Recognition and Enforcement of 
Judgments,  Settlements  and  Enforceable  Authentic  Instruments  in  Civil  and 
Commercial Matters, signed at Vienna on 17 February 1984, 

the Convention between Finland and Austria on the Recognition and Enforcement of 
Judgments in Civil Matters, signed at Vienna on 17 November 1986, 

the  Treaty  between  Belgium,  the  Netherlands  and  Luxembourg  in  Jurisdiction, 
Bankruptcy,  and  the  Validity  and  Enforcement  of  Judgments,  Arbitration  Awards 
and Authentic Instruments, signed at Brussels on 24 November 1961, in so far as it is 
in force, 

(cid:208) 2003 Accession Act, Art. 20 
and Annex II, p. 715 (adapted) 

the Convention between the Czechoslovak Republic and Portugal on the Recognition 
and Enforcement of Court Decisions, signed at Lisbon on 23 November 1927, still in 
force between the Czech Republic and Portugal, 

the  Convention  between  the  Federative  People's  Republic  of  Yugoslavia  and  the 
Republic  of  Austria  on  Mutual  Judicial  Cooperation,  signed  at  Vienna  on  16 
December 1954, 

the  Convention  between  the  Polish  People's  Republic  and  the  Hungarian  People's 
Republic  on  the  Legal  Assistance  in  Civil,  Family  and  Criminal  Matters,  signed  at 
Budapest on 6 March 1959, 

the  Convention  between  the  Federative  People's  Republic  of  Yugoslavia  and  the 
Kingdom  of  Greece  on  the  Mutual  Recognition  and  Enforcement  of  Judgments, 
signed at Athens on 18 June 1959, 

EN 

60 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the  Convention  between  the  Polish  People's  Republic  and  the  Federative  People's 
Republic  of  Yugoslavia  on  the  Legal  Assistance  in  Civil  and  Criminal  Matters, 
signed at Warsaw on 6 February 1960, now in force between Poland and Slovenia, 

the  Agreement  between  the  Federative  People's  Republic  of  Yugoslavia  and  the 
Republic of Austria on the Mutual Recognition and Enforcement of Arbitral Awards 
and  Arbitral  Settlements  in  Commercial  Matters,  signed  at  Belgrade  on  18  March 
1960, 

the  Agreement  between  the  Federative  People's  Republic  of  Yugoslavia  and  the 
Republic  of  Austria  on  the  Mutual  Recognition  and  Enforcement  of  Decisions  in 
Alimony Matters, signed at Vienna on 10 October 1961, 

the  Convention  between  Poland  and  Austria  on  Mutual  Relations  in  Civil  Matters 
and on Documents, signed at Vienna on 11 December 1963, 

the Treaty between the Czechoslovak Socialist Republic and the Socialist Federative 
Republic  of  Yugoslavia  on  Settlement  of  Legal  Relations  in  Civil,  Family  and 
Criminal Matters, signed at Belgrade on 20 January 1964, still in force between the 
Czech Republic, Slovakia and Slovenia, 

the Convention between Poland and France on Applicable Law, Jurisdiction and the 
Enforcement  of  Judgments  in  the  Field  of  Personal  and  Family  Law,  concluded  in 
Warsaw on 5 April 1967, 

the  Convention  between  the  Governments  of  Yugoslavia  and  France  on  the 
Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed 
at Paris on 18 May 1971, 

the  Convention  between  the  Federative  Socialist  Republic  of  Yugoslavia  and  the 
Kingdom  of  Belgium  on  the  Recognition  and  Enforcement  of  Court  Decisions  in 
Alimony Matters, signed at Belgrade on 12 December 1973, 

the  Convention  between  Hungary  and  Greece  on  Legal  Assistance  in  Civil  and 
Criminal Matters, signed at Budapest on 8 October 1979, 

the  Convention  between  Poland  and  Greece  on  Legal  Assistance  in  Civil  and 
Criminal Matters, signed at Athens on 24 October 1979, 

the  Convention  between  Hungary  and  France  on  Legal  Assistance  in  Civil  and 
Family  Law,  on  the  Recognition  and  Enforcement  of  Decisions  and  on  Legal 
Assistance  in  Criminal  Matters  and  on  Extradition,  signed  at  Budapest  on  31  July 
1980, 

the  Treaty  between  the  Czechoslovak  Socialist  Republic  and  the  Hellenic  Republic 
on Legal Aid in Civil and Criminal Matters, signed at Athens on 22 October 1980, 
still in force between the Czech Republic, Slovakia and Greece, 

the  Convention  between  the  Republic  of  Cyprus  and  the  Hungarian  People's 
Republic on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 30 
November 1981, 

EN 

61 

   EN 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the  Treaty  between  the  Czechoslovak  Socialistic  Republic  and  the  Republic  of 
Cyprus  on  Legal  Aid  in  Civil  and  Criminal  Matters,  signed  at  Nicosia  on  23  April 
1982, still in force between the Czech Republic, Slovakia and Cyprus, 

the Agreement between the Republic of Cyprus and the Republic of Greece on Legal 
Cooperation  in  Matters  of  Civil,  Family,  Commercial  and  Criminal  Law,  signed  at 
Nicosia on 5 March 1984, 

the Treaty between the Government of the Czechoslovak Socialist Republic and the 
Government  of  the  Republic  of  France  on  Legal  Aid  and  the  Recognition  and 
Enforcement of Judgments in Civil, Family and Commercial Matters, signed at Paris 
on 10 May 1984, still in force between the Czech Republic, Slovakia and France, 

the Agreement between the Republic of Cyprus and the Socialist Federal Republic of 
Yugoslavia on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 
19 September 1984, now in force between Cyprus and Slovenia, 

the Treaty between the Czechoslovak Socialist Republic and the Italian Republic on 
Legal Aid in Civil and Criminal Matters, signed at Prague on 6 December 1985, still 
in force between the Czech Republic, Slovakia and Italy, 

the Treaty between the Czechoslovak Socialist Republic and the Kingdom of Spain 
on  Legal  Aid,  Recognition  and  Enforcement  of  Court  Decisions  in  Civil  Matters, 
signed at Madrid on 4 May 1987, still in force between the Czech Republic, Slovakia 
and Spain, 

the  Treaty  between  the  Czechoslovak  Socialist  Republic  and  the  Polish  People's 
Republic  on  Legal  Aid  and  Settlement  of  Legal  Relations  in  Civil,  Family,  Labour 
and Criminal Matters, signed at Warsaw on 21 December 1987, still in force between 
the Czech Republic, Slovakia and Poland, 

the Treaty between the Czechoslovak Socialist Republic and the Hungarian People's 
Republic  on  Legal  Aid  and  Settlement  of  Legal  Relations  in  Civil,  Family  and 
Criminal Matters, signed at Bratislava on 28 March 1989, still in force between the 
Czech Republic, Slovakia and Hungary, 

the Convention between Poland and Italy on Judicial Assistance and the Recognition 
and Enforcement of Judgments in Civil Matters, signed at Warsaw on 28 April 1989, 

the  Treaty  between  the  Czech  Republic  and  the  Slovak  Republic  on  Legal  Aid 
provided by Judicial Bodies and on Settlements of Certain Legal Relations in Civil 
and Criminal Matters, signed at Prague on 29 October 1992, 

the  Agreement  between  the  Republic  of  Latvia,  the  Republic  of  Estonia  and  the 
Republic of Lithuania on Legal Assistance and Legal Relationships, signed at Tallinn 
on 11 November 1992, 

the  Agreement  between  the  Republic  of  Poland  and  the  Republic  of  Lithuania  on 
Legal Assistance and Legal Relations in Civil, Family, Labour and Criminal Matters, 
signed in Warsaw on 26 January 1993, 

EN 

62 

   EN 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the Agreement between the Republic of Latvia and the Republic of Poland on Legal 
Assistance  and  Legal Relationships in Civil, Family, Labour and Criminal Matters, 
signed at Riga on 23 February 1994, 

the Agreement between the Republic of Cyprus and the Republic of Poland on Legal 
Cooperation in Civil and Criminal Matters, signed at Nicosia on 14 November 1996, 
and 

the Agreement between Estonia and Poland on Granting Legal Assistance and Legal 
Relations on Civil, Labour and Criminal Matters, signed at Tallinn on 27 November 
1998, 

(cid:208) 1791/2006 Art. 1(1) and Annex 
pt 11(A) (adapted) 

the Convention between Bulgaria and Belgium on certain Judicial Matters, signed at 
Sofia on 2 July 1930, 

the  Agreement  between  the  People's  Republic  of  Bulgaria  and  the  Federative 
People's Republic of Yugoslavia on Mutual Legal Assistance, signed at Sofia on 23 
March 1956, still in force between Bulgaria and Slovenia, 

the Treaty between the People's Republic of Romania and the People's Republic of 
Hungary  on  Legal  Assistance  in  Civil,  Family  and  Criminal  Matters,  signed  at 
Bucharest on 7 October 1958, 

the  Treaty  between  the  People's  Republic  of  Romania  and  the  Czechoslovak 
Republic  on  Legal  Assistance  in  Civil,  Family  and  Criminal  Matters,  signed  at 
Prague on 25 October 1958, still in force between Romania and Slovakia, 

the Agreement between the People's Republic of Bulgaria and the Romanian People's 
Republic on Legal Assistance in Civil, Family and Criminal Matters, signed at Sofia 
on 3 December 1958, 

the  Treaty  between  the  People's  Republic  of  Romania  and  the  Federal  People's 
Republic of Yugoslavia on Legal Assistance, signed at Belgrade on 18 October 1960 
and its Protocol, still in force between Romania and Slovenia, 

the  Agreement  between  the  People's  Republic  of  Bulgaria  and  the  Polish  People's 
Republic  on  Legal  Assistance  and  Legal  Relations  in  Civil,  Family  and  Criminal 
Matters, signed at Warsaw on 4 December 1961, 

the  Convention  between  the  Socialist  Republic  of  Romania  and  the  Republic  of 
Austria on Legal Assistance in Civil and Family law and the Validity and Service of 
Documents and its annexed Protocol, signed at Vienna on 17 November 1965, 

the  Agreement  between  the  People's  Republic  of  Bulgaria  and  the  Hungarian 
People's Republic on Legal Assistance in Civil, Family and Criminal Matters, signed 
at Sofia on 16 May 1966, 

EN 

63 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the  Convention  between  the  Socialist  Republic  of  Romania  and  the  Hellenic 
Republic on Legal Assistance in Civil and Criminal Matters and its Protocol, signed 
at Bucharest on 19 October 1972, 

the Convention between the Socialist Republic of Romania and the Italian Republic 
on  Judicial  Assistance  in  Civil  and  Criminal  Matters,  signed  at  Bucharest  on  11 
November 1972, 

the Convention between the Socialist Republic of Romania and the French Republic 
on  Legal  Assistance  in  Civil  and  Commercial  Matters,  signed  at  Paris  on  5 
November 1974, 

the  Convention  between  the  Socialist  Republic  of  Romania  and  the  Kingdom  of 
Belgium on Legal Assistance in Civil and Commercial Matters, signed at Bucharest 
on 30 October 1975, 

the Agreement between the People's Republic of Bulgaria and the Hellenic Republic 
on  Legal  Assistance  in  Civil  and  Criminal  Matters,  signed  at  Athens  on  10  April 
1976, 

the  Agreement  between  the  People's  Republic  of  Bulgaria  and  the  Czechoslovak 
Socialist Republic on Legal Assistance and Settlement of Relations in Civil, Family 
and Criminal Matters, signed at Sofia on 25 November 1976, 

the Convention between the Socialist Republic of Romania and the United Kingdom 
of Great Britain and Northern Ireland on Legal Assistance in Civil and Commercial 
Matters, signed at London on 15 June 1978, 

the  Additional  Protocol  to  the  Convention  between  the  Socialist  Republic  of 
Romania  and  the  Kingdom  of  Belgium  on  Legal  Assistance  Civil  and  Commercial 
Matters, signed at Bucharest on 30 October 1979, 

the  Convention  between  the  Socialist  Republic  of  Romania  and  the  Kingdom  of 
Belgium  on  Recognition  and  Enforcement  of  Decisions  in  Alimony  Obligations, 
signed at Bucharest on 30 October 1979, 

the  Convention  between  the  Socialist  Republic  of  Romania  and  the  Kingdom  of 
Belgium on Recognition and Enforcement of Divorce Decisions, signed at Bucharest 
on 6 November 1980, 

the  Agreement  between  the  People's  Republic  of  Bulgaria  and  the  Republic  of 
Cyprus on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 29 
April 1983, 

the Agreement between the Government of the People's Republic of Bulgaria and the 
Government  of  the  French  Republic  on  Mutual  Legal  Assistance  in  Civil  Matters, 
signed at Sofia on 18 January 1989, 

the Agreement between the People's Republic of Bulgaria and the Italian Republic on 
Legal Assistance and Enforcement of Decisions in Civil Matters, signed at Rome on 
18 May 1990, 

EN 

64 

   EN 

– 

– 

– 

– 

– 

the  Agreement  between  the  Republic  of  Bulgaria  and  the  Kingdom  of  Spain  on 
Mutual Legal Assistance in Civil Matters, signed at Sofia on 23 May 1993, 

the Treaty between Romania and the Czech Republic on Judicial Assistance in Civil 
Matters, signed at Bucharest on 11 July 1994, 

the  Convention  between  Romania  and  the  Kingdom  of  Spain  on  Jurisdiction, 
Recognition and Enforcement of Decisions in Civil and Commercial Matters, signed 
at Bucharest on 17 November 1997, 

the Convention between Romania and the Kingdom of Spain — complementary to 
the Hague Convention relating to civil procedure law (Hague, 1 March 1954), signed 
at Bucharest on 17 November 1997, 

the  Treaty  between  Romania  and  the  Republic  of  Poland  on  Legal  Assistance  and 
Legal Relations in Civil Cases, signed at Bucharest on 15 May 1999. 

(cid:208) 44/2001 (adapted) 

Article 7081 

1. The Treaty and the Cconventions referred to in Article 69 80 shall continue to have effect 
in relation to matters to which this Regulation does not apply. 

2. They shall continue to have effect in respect of judgments given and documents formally 
drawn up or registered as authentic instruments before the entry into force of this Regulation 
⌦ 1 March 2002 ⌫ . 

(cid:208) 44/2001 

Article 7182 

1.  This  Regulation  shall  not  affect  any  conventions  to  which  the  Member  States  are  parties 
and  which  in  relation  to  particular  matters,  govern  jurisdiction  or  the  recognition  or 
enforcement of judgments. 

2.  With  a  view  to  its  uniform  interpretation,  paragraph  1  shall  be  applied  in  the  following 
manner: 

(a) 

(b) 

this  Regulation  shall  not  prevent  a  court  of  a  Member  State,  which  is  a  party  to  a 
convention on a particular matter, from assuming jurisdiction in accordance with that 
convention, even where the defendant is domiciled in another Member State which is 
not a party to that convention. The court hearing the action shall, in any event, apply 
Article 26 28 of this Regulation; 

judgments given in a Member State by a court in the exercise of jurisdiction provided 
for  in  a  convention  on  a  particular  matter  shall  be  recognised  and  enforced  in  the 
other Member States in accordance with this Regulation. 

EN 

65 

   EN 

 
 
Where a convention on a particular matter to which both the Member State of origin 
and the Member State addressed are parties lays down conditions for the recognition 
or  enforcement  of  judgments,  those  conditions  shall  apply.  In  any  event,  the 
provisions  of  this  Regulation  which  concern  the  procedure  for  recognition  and 
enforcement of judgments may be applied. 

Article 7283 

This Regulation shall not affect agreements by which Member States undertook, prior to the 
entry into force of this Regulation pursuant to Article 59 of the Brussels Convention, not to 
recognise  judgments  given,  in  particular  in  other  Contracting  States  to  that  Convention, 
against defendants domiciled or habitually resident in a third country where, in cases provided 
for  in  Article  4  of  that  Convention,  the  judgment  could  only  be  founded  on  a  ground  of 
jurisdiction specified in the second paragraph of Article 3 of that Convention. 

(cid:216) new 

Article 84 

This  Regulation  shall  not  affect  the  application  of  the  Convention  on  jurisdiction  and  the 
recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters,  signed  on  30 
October 2007 in Lugano. 

(cid:208) 44/2001 

CHAPTER VIII 

FINAL PROVISIONS 

(cid:216) new 

Article 85 

This  Regulation  shall  not  affect  the  right  of  workers  and  employers,  or  their  respective 
organisations, to engage in collective action to protect their interests, in particular the right or 
freedom to strike or to take other actions, in accordance with Union law and national law and 
practices.  

(cid:208) 44/2001 (adapted) 

Article 73 

No  later  than  five  years  after  the  entry  into  force  of  this  Regulation,  the  Commission  shall 
present to the European Parliament, the Council and the Economic and Social Committee a 

EN 

66 

   EN 

 
 
 
 
 
report on the application of this Regulation. The report shall be accompanied, if need be, by 
proposals for adaptations to this Regulation. 

(cid:216) new 

Article 86 

The Member States shall provide within the framework of the European Judicial Network in 
civil  and  commercial  matters  established  by  Decision  2001/470/EC28,  as  amended  by 
Decision 568/2009 with a view to making it available to the public, a description of national 
rules  and  procedures  concerning  enforcement, 
including  authorities  competent  for 
enforcement,  information  on  any  limitations  on  enforcement,  in  particular  debtor  protection 
rules and limitation or prescription periods. 

Member States shall keep this information permanently updated. 

Article 87 

By  __________  [1  year  before  the  entry  into  force  of  the  Regulation],  the  Member  States 
shall communicate to the Commission  

the courts competent for the review in the Member State of origin pursuant to Article 

(a) 
45(3); 

the  means  of  communication  accepted  in  the  Member  State  of  origin  for  receiving 

(b) 
applications for the review pursuant to Article 45; 

(c) the courts competent in the Member State of enforcement to which the application for a 
review may be submitted in accordance with Article 45(3); 

(d) the courts to which the application for a declaration of enforceability has to be submitted 
pursuant to Article 51 (1); 

(e) the courts with which an appeal against the decision on the application for a declaration of 
enforceability is to be lodged pursuant to Article 56 (2);  

(f) the courts with which a further appeal is to be lodged pursuant to Article 57; 

(g) 

the languages accepted for translations of the forms as referred to in Article 69. 

The  Commission  shall  make  the  information  publicly  available  through  any  appropriate 
means, in particular through the European Judicial Network in civil and commercial matters 
established by Decision 2001/470. 

28 

OJ L 174, 27.06.2001, p. 25 

EN 

67 

   EN 

 
                                                 
(cid:208) 44/2001 (adapted) 

Article 7488 

1. The Member States shall notify the Commission of the texts amending the lists set out in 
Annexes I to IV ⌦ III, IV and IX, as well as of any withdrawals or technical amendments of 
the provisions listed in Annex VIII ⌫ . The Commission shall adapt the Annexes concerned 
accordingly. 

(cid:208) 1103/2008 Art. 1 and Annex pt 
1 

2. The updating or technical adjustments of the forms, specimens of which appear in Annexes 
V  and  VI,  shall  be  adopted  by  the  Commission.  Those  measures,  designed  to  amend  non-
essential  elements  of  this  Regulation,  shall  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny referred to in Article 75(2). 

2. The Commission may adopt, by means of delegated acts in accordance with Articles 90 to 
92 amendments to Annexes I, II, V, VI and VII. 

(cid:216) new 

1. 

2. 

3. 

1. 

2. 

3. 

Article 89 

The powers to adopt the delegated acts referred to in Article 88 (2) shall be conferred 
on the Commission for an indeterminate period of time. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

The powers to adopt delegated acts are conferred on the Commission subject to the 
conditions laid down in Articles 90 and 91.  

Article 90 

The delegation of power referred to in Article 88 (2) may be revoked at any time by 
the European Parliament or by the Council. 

The institution which has commenced an internal procedure for deciding whether to 
revoke the delegation of power shall endeavour to inform the other institution and the 
Commission  within  a  reasonable  time  before  the  final  decision  is  taken,  indicating 
the delegated powers which could be subject to revocation and possible reasons for a 
revocation. 

The decision of revocation shall put an end to the delegation of the powers specified 
in that decision. It shall take effect immediately or at a later date specified therein. It 
shall  not  affect  the  validity  of  the  delegated  acts  already  in  force.  It  shall  be 
published in the Official Journal of the European Union.  

EN 

68 

   EN 

 
 
 
Article 91 

1. 

2. 

3. 

The European Parliament and the Council may object to the delegated act within a 
period of two months from the date of notification. At the initiative of the European 
Parliament or the Council this period shall be extended by two months.  

If,  on  expiry  of  that  period,  neither  the  European  Parliament  nor  the  Council  has 
objected  to  the  delegated  act  it  shall  be  published  in  the  Official  Journal  of  the 
European Union and shall enter into force at the date stated therein. 

The  delegated  act  may  be  published  in  the Official Journal of the European Union 
and enter into force before the expiry of that period if the European Parliament and 
the  Council  have  both  informed  the  Commission  of  their  intention  not  to  raise 
objections.  

If the European Parliament or the Council objects to a delegated act, it shall not enter 
into  force.  The  institution  which  objects  shall  state  the  reasons  for  objecting  to  the 
delegated act. 

(cid:208) 1103/2008 Art. 1 and Annex pt 
2 

1. The Commission shall be assisted by a committee. 

Article 75 

2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

(cid:216) new 

Article 92 

1.  This  Regulation  shall  repeal  Regulation  (EC)  No  44/2001.  References  to  the  repealed 
Regulation shall be construed as references to this Regulation and shall be read in accordance 
with the correlation table in Annex X. 

2. Except with respect to judgments referred to in Article 37(3), this Regulation shall replace 
Regulation  (EC)  No  805/2004  of  the  European  Parliament  and  of  the  Council  of  21  April 
2004 creating a European Enforcement Order for uncontested claims. 

(cid:208) 44/2001 (adapted) 

Article 7693 

This Regulation shall enter into force on l March 2002 ⌦ the twentieth day following that of 
its publication in the Official Journal of the European Union ⌫ . 

EN 

69 

   EN 

 
 
 
This  Regulation  is  ⌦ shall  be ⌫  binding  in  its  entirety  and  directly  applicable  in  the 
⌦ all ⌫  Member  States  in  accordance  with  the  Treaty  establishing  the  European 
Community. 

It shall apply from [24 months after entry into force], with the exception of Article 87, which 
shall apply from [12 months after entry into force].  

Done at […] 

For the European Parliament 
The President 

For the Council 
The President 

EN 

70 

   EN 

(cid:216) new 

ANNEX I 

CERTIFICATE CONCERNING A JUDGMENT IN CIVIL AND COMMERCIAL 
MATTERS FOR WHICH NO DECLARATION OF ENFORCEABILITY IS 
REQUIRED 

Articles 42 (1) (b) and (2) (b) of Regulation ___of the European Parliament and of the 
Council on jurisdiction and the recognition and enforcement of judgments in civil and 
commercial matters)  

1. 

COURT OF ORIGIN  

1.1. 

Name: 

1.2 

Address: 

1.2.1. 

Street and number/PO box: 

1.2.2.  Place and postal code: 

1.2.3.  Member State 

AT □ BE □ BU □ CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ IE □ IT □ LT □ LU □ 
LV □ MT □ NL □ PL □ PT □ RO □ SE □ SI □ SK □ UK □ 

EN 

71 

   EN 

 
 
1.3. 

Telephone/Fax/E-mail: 

2. 

CLAIMANT(S)29 

2.1. 

Surname and given name(s)/name of company or organisation: 

2.2. 

Address: 

2.2.1. 

Street and number/PO box: 

2.2.2.  Place and postal code: 

2.2.3.  Country: 

3. 

DEFENDANT(S)30 

3.1. 

Surname and given name(s)/name of company or organisation: 

3.2. 

Address: 

3.2.1. 

Street and number/PO box: 

3.2.2.  Place and postal code: 

3.2.3.  Country: 

4. 

THE JUDGMENT 

4.1. 

Date and reference number of the judgment 

4.2. 

Enforceability of the judgment 

Is the judgment enforceable in the Member State of origin 

□ Yes 

□ Yes, but only against the following defendants (please specify): 

4.3. 

Nature of the judgment 

□ 

□ 

□ 

□ 

Judgment on monetary claim (go to 4.4.1) 

Declaratory judgment (go to 4.4.2) 

Provisional, including protective measure (go to 4.4.3) 

Other (go to 4.4.4) 

29 
30 

If the judgment concerns more than one claimant or one defendant, attach an additional sheet. 
If the judgment concerns more than one claimant or one defendant, attach an additional sheet. 

EN 

72 

   EN 

 
 
 
                                                 
4.4. 

Terms of the judgment and interest 

4.4.1.Judgment for a monetary claim 

4.4.1.1.  The  court  has  ordered  …  (surname  and  given  name(s)/name  of  company  or 
organisation)  to  pay  to  …  (surname  and  given  name(s)/name  of  company  or 
organisation 

4.4.1.2.Currency 

□  Euro  (EUR)  □  Bulgarian  lev  (BGN)  □  Czech  koruna  (CZK)  □  Hungarian  forint 
(HUF) □ Lithuanian litas (LTL) □ Latvian lats (LVL) □ Polish zloty (PLN) 
Pound  Sterling  (GBP)  □  Romanian  leu  (RON)  □  Swedish  krona  (SEK)  □  Other 
(please specify ISO code): 

□ 

4.4.1.3.  Principal amount: 

– 

– 

□ Amount to be paid in one sum: 

□ Amount not to be paid in one sum (please specify): 

4.4.1.4.  Interest, where applicable 

□ Interest awarded in the judgment:  

– 

– 

Amount:_____  , or 

rate  …  %.  The  interest  should  run  from  …  (dd/mm/yyyy)  to  … 
(dd/mm/yyyy). 

□ Interest running as of the date of the judgment: 

– 

rate … %. 

4.4.2.  Declaratory judgment 

Short description of the facts of the case and the ruling by the court31  

4.4.3.  Provisional, including protective measure  

4.4.3.1.  Brief description of the measure ordered 

4.4.3.2.  The measure has been awarded by a court having jurisdiction as to the substance of 

the dispute 

□ yes, on the basis of Article __of Regulation ___of the European Parliament and of 
the Council amending Council Regulation (EC) No 44/2001 of 22 December 2000  

31 

Add an additional sheet if necessary. 

EN 

73 

   EN 

                                                 
4.4.3.3.  Was the protective measure ordered without the defendant having been summoned to 

appear? 

□ No 

□ Yes, and the defendant has the right to challenge the measure under national law 

4.4.4.  Other type of judgment 

Short description of the facts of the case and the ruling by the court32  

4.5. 

Costs 

4.5.1.1.  Currency 

□  Euro  (EUR)  □  Bulgarian  lev  (BGN)  □  Czech  koruna  (CZK)  □  Hungarian  forint 
(HUF) □ Lithuanian litas (LTL) □ Latvian lats (LVL) □ Polish zloty (PLN) 
Pound  Sterling  (GBP)  □  Romanian  leu  (RON)  □  Swedish  krona  (SEK)  □  Other 
(please specify ISO code): 

□ 

4.5.1.2.  Does the defendant have to bear the costs of proceedings, fully or partially?  

□ Yes. Please specify which costs and indicate the amount (claimed or incurred). 

□ Court fees: … 

□ Lawyers' fees: …. 

□ Cost of service of documents: … 

□ Other: … 

□ No  

If additional pages have been attached, state the number of pages: … 

Done at: … 

Signature and/or stamp of the court of origin: 

32 

Add an additional sheet if necessary. 

EN 

74 

   EN 

                                                 
(cid:216) new 

ANNEX II 

APPLICATION FOR A REVIEW 

Article 45(2) of Regulation ___of the European Parliament and of the Council on 
jurisdiction and the recognition and enforcement of judgments in civil and commercial 
matters)  

1. 

APPLICANT 

1.1. 

Surname and given name(s)/name of company or organisation: 

1.2. 

Address: 

1.2.1. 

Street and number/PO box: 

1.2.2.  Place and postal code: 

1.2.3.  Country: 

2. 

COURT OF ORIGIN  

2.1. 

Name: 

2.2 

Address: 

2.2.1. 

Street and number/PO box: 

2.2.2.  Place and postal code: 

2.2.3.  Member State 

AT □ BE □ BU □CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ IE □ IT □ LT □ LU □ 
LV □ MT □ NL □ PL □ PT □ RO □SE □ SI □ SK □ UK □ 

EN 

75 

   EN 

 
2.3. 

Telephone/Fax/E-mail: 

3. 

THE JUDGMENT 

3.1. 

Date and reference number of the judgment:  

4. 

CLAIMANT(S) IN THE PROCEEDINGS IN THE COURT OF ORIGIN

33 

4.1. 

Surname and given name(s)/name of company or organisation: 

4.2. 

Address: 

4.2.1. 

Street and number/PO box: 

4.2.2.Place and postal code: 

4.2.3.  Country: 

5. 

DEFENDANT(S)  IN  THE  PROCEEDINGS  IN  THE  COURT  OF  ORIGIN  OTHER  THAN  THE 
APPLICANT

34 

5.1. 

Surname and given name(s)/name of company or organisation: 

5.2. 

Address: 

5.2.1. 

Street and number/PO box: 

5.2.2.  Place and postal code: 

5.2.3.  Country: 

6. 

REQUEST FOR THE REVIEW OF THE JUDGMENT 

6.1. 

I hereby lodge application for the review of the judgment because it was given 
in default of my appearance and (please tick the appropriate box) 

□  I  was  not  served  with  the  document  instituting  the  proceedings  or  an  equivalent 
document; or 

□  I  was  served  with  any  of  the  above  documents  but  not  in  sufficient  time  and  in 
such a way to enable me to prepare for my defence (please specify); or 

I  was  prevented  from  contesting  the  claim  by  reason  of  force  majeure  or 

□ 
extraordinary circumstances without any fault on my part (please specify): 

33 
34 

If the judgment concerns more than one claimant or one defendant, attach an additional sheet. 
If the judgment concerns more than one claimant or one defendant, attach an additional sheet. 

EN 

76 

   EN 

                                                 
6.2. 

I did not have the possibility to challenge the judgment  

□ Yes 

Done at: … 

Date (dd/mm/yy): 

Name of the applicant or authorised representative 

Signature: 

EN 

77 

   EN 

(cid:208) 416/2010 Art. 1 and Annex III 

ANNEX III 

The  courts  with  which  applications  referred  to  in  Article  43  (2)  46  may  be  lodged  are  the 
following: 

– 

in Belgium, 

(a) 

as  regards  appeal  by  the  defendant,  the  ‘tribunal  de  première  instance’  or 
‘rechtbank van eerste aanleg’ or ‘erstinstanzliche Gericht’, 

(b) 

as regards appeal by the applicant: the ‘Cour d’appel’ or ‘hof van beroep’, 

in Bulgaria, the ‘Апелативен съд — София’, 

in the Czech Republic, the court of appeal through the district court, 

in Germany, the ‘Oberlandesgericht’, 

in Estonia, the ‘ringkonnakohus’, 

in Greece the ‘Εφετείο’, 

in  Spain,  the  ‘Juzgado  de  Primera  Instancia’  which  issued  the  contested  decision, 
with the appeal to be solved by the ‘Audiencia Provincial’, 

in France:, 

(a) 

the ‘cour d’appel’ on decisions allowing the application, 

(b) 

the presiding judge of the ‘tribunal de grande instance’, on decisions rejecting 
the application, 

in Ireland, the High Court, 

in Iceland, the ‘heradsdomur’, 

in Italy, the ‘corte d'appello’, 

in Cyprus, the ‘Επαρχιακό ∆ικαστήριο’ or in the case of a maintenance judgment the 
‘Οικογενειακό ∆ικαστήριο’, 

in Latvia, the ‘Apgabaltiesa’ via the ‘rajona (pilsētas) tiesa’, 

in Lithuania, the ‘Lietuvos apeliacinis teismas’, 

in Luxembourg, the ‘Cour supérieure de justice’ sitting as a court of civil appeal, 

in Hungary, the local court situated at the seat of the county court (in Budapest, the 
Central  District  Court  of  Buda);  the  appeal  is  adjudicated  by  the  county  court  (in 
Budapest, the Capital Court), 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

EN 

78 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

in  Malta,  the  ‘Qorti  ta’  l-Appell’  in  accordance  with  the  procedure  laid  down  for 
appeals in the Kodiċi ta’ Organizzazzjoni u Proċedura Ċivili – Kap.12 or in the case 
of a maintenance judgment by ‘ċitazzjoni’ before the ‘Prim’ Awla tal-Qorti ivili jew 
il-Qorti tal-Maġistrati ta’ Għawdex fil-ġurisdizzjoni superjuri tagħha’’, 

in the Netherlands, the ‘rechtbank’, 

in Austria, the ‘Landesgericht’ via the ‘Bezirksgericht’, 

in Poland, the ‘sąd apelacyjny’ via the ‘sąd okręgowy’, 

in  Portugal,  the  ‘Tribunal  da  Relação’  is  the  competent  court.  The  appeals  are 
launched, in accordance with the national law in force, by way of a request addressed 
to the court which issued the contested decision, 

in Romania, the ‘Curte de Apel’, 

in Slovenia, the ‘okrožno sodišče’, 

in  Slovakia,  the  court  of  appeal  through  the  district  court  whose  decision  is  being 
appealed, 

in Finland, the ‘hovioikeus/hovrätt’, 

in Sweden, the ‘Svea hovrätt’, 

in the United Kingdom: 

(a) 

(b) 

(c) 

(d) 

in  England  and  Wales,  the  High  Court  of  Justice,  or  in  the  case  of  a 
maintenance judgment the Magistrates’ Court; 

in Scotland, the Court of Session, or in the case of a maintenance judgment the 
Sheriff Court; 

in Northern Ireland, the High Court of Justice, or in the case of a maintenance 
judgment the Magistrates’ Court; 

in Gibraltar, the Supreme Court of Gibraltar, of in the case of a maintenance 
judgment, the Magistrates’ Court. 

EN 

79 

   EN 

(cid:208) 280/2009 Art. 1 and Annex IV 

ANNEX IV 

The appeals which may be lodged pursuant to Article 44 46(6) are the following: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

in Belgium, Greece, Spain, France, Italy, Luxembourg and the Netherlands, an 
appeal in cassation, 

in Bulgaria, ‘обжалване пред Върховния касационен съд’, 

in the Czech Republic, a ‘dovolání’ and a ‘žaloba pro zmatečnost’, 

in Germany, a ‘Rechtsbeschwerde’, 

in Estonia, a ‘kassatsioonikaebus’, 

in Ireland, an appeal on a point of law to the Supreme Court, 

in Iceland, an appeal to the ‘Hæstiréttur’, 

in Cyprus, an appeal to the Supreme Court, 

in Latvia, an appeal to the ‘Augstākās tiesas Senāts’ via the ‘Apgabaltiesa’, 

in Lithuania, an appeal to the ‘Lietuvos Aukščiausiasis Teismas’, 

in Hungary, ‘felülvizsgálati kérelem’, 

in Malta, no further appeal lies to any other court; in the case of a maintenance 
judgment the  ‘Qorti ta' l-Appell’ in accordance with the procedure laid down 
for appeal in the ‘kodiċi ta Organizzazzjoni u Procedura Ċivili – Kap. 12’ 

in Austria, a ‘Revisionsrekurs’, 

in Poland, ‘skarga kasacyjna’, 

in Portugal, an appeal on a point of law, 

in Romania, a ‘contestatie in anulare’ or a ‘revizuire’, 

in Slovenia, an appeal to the ‘Vrhovno sodišče Republike Slovenije’, 

in Slovakia, the ‘dovolanie’, 

in Finland, an appeal to the ‘korkein oikeus/högsta domstolen’, 

in Sweden, an appeal to the ‘Högsta domstolen’, 

in the United Kingdom, a single further appeal on a point of law. 

EN 

80 

   EN 

 
(cid:216) new 

ANNEX V 

CERTIFICATE CONCERNING AN AUTHENTIC INSTRUMENT OR COURT 
SETTLEMENT IN CIVIL AND COMMERCIAL MATTERS FOR WHICH NO 
DECLARATION OF ENFORCEABILITY IS REQUIRED 

Articles 70 and 71 of Regulation ___ of the European Parliament and of the Council on 
jurisdiction and the recognition and enforcement of judgments in civil and commercial 
matters 

1. 

COURT OR COMPETENT AUTHORITY ISSUING THE CERTIFICATE 

1.1. 

Name: 

1.2. 

Address: 

1.2.1. 

Street and number/PO box: 

1.2.2.  Place and postal code: 

1.2.3.  Member State 

AT □ BE □ BU □ CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ IE □ IT □ LT □ LU □ 
LV □ MT □ NL □ PL □ PT □ RO □SE □ SI □ SK □ UK □ 

1.3. 

Telephone/Fax/E-mail: 

2. 

AUTHENTIC INSTRUMENT /COURT SETTLEMENT 

2.1. 

Date and reference number: 

2.2. 

The parties to the authentic instrument/court settlement35: 

2.2.1.  Name(s) of creditor(s) (surname, first name/name of the company or organisation): 

2.2.2.  Name(s) of debtor(s)(surname, first name/name of the company or organisation): 

2.2.3.  Name  of  other  party(ies),  if  any  (surname,  first  name/name  of  the  company  or 

organisation): 

2.3. 

Text  of  the  enforceable  obligation  contained 
settlement36: 

in  the 

instrument/court 

I,  the  undersigned,  hereby  certify  that  the  authentic  instrument/court  settlement  is 
enforceable in the Member State of origin against the parties set out in point 2.2.2 

35 
36 

Delete as appropriate 
Add additional pages if necessary 

EN 

81 

   EN 

 
                                                 
If additional pages have been attached, state the number of pages: … 

Done at: … 

Signature and/or stamp of the court of origin or competent authority: 

EN 

82 

   EN 

(cid:216) new 

ANNEX VI 

CERTIFICATE CONCERNING A JUDGMENT IN CIVIL AND COMMERCIAL 
MATTERS FOR WHICH A DECLARATION OF ENFORCEABILITY IS REQUIRED 

Article 52 (2) (b) of Regulation ___of the European Parliament and of the Council on 
jurisdiction and the recognition and enforcement of judgments in civil and commercial 
matters)  

1. 

COURT OF ORIGIN  

1.1. 

Name: 

1.2 

Address: 

1.2.1. 

Street and number/PO box: 

1.2.2.  Place and postal code: 

1.2.3.  Member State 

AT □ BE □ BU □ CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ IE □ IT □ LT □ LU □ 
LV □ MT □ NL □ PL □ PT □ RO □ SE □ SI □ SK □ UK □ 

EN 

83 

   EN 

 
1.3. 

Telephone/Fax/E-mail: 

2. 

CLAIMANT(S)37 

2.1. 

Surname and given name(s)/name of company or organisation: 

2.2. 

Address: 

2.2.1. 

Street and number/PO box: 

2.2.2.  Place and postal code: 

2.2.3.  Country: 

3. 

DEFENDANT(S)38 

3.1. 

Surname and given name(s)/name of company or organisation: 

3.2. 

Address: 

3.2.1. 

Street and number/PO box: 

3.2.2.  Place and postal code: 

3.2.3.  Country: 

4. 

THE JUDGMENT 

4.1. 

Date and reference number of the judgment 

4.2. 

Enforceability of the judgment 

Is the judgment enforceable in the Member State of origin 

□ Yes 

□ Yes, but only against the following defendants (please specify): 

4.3. 

Nature of the judgment 

□ 

□ 

□ 

□ 

Judgment on monetary claim (go to 4.4.1) 

Declaratory judgment (go to 4.4.2) 

Provisional, including protective measure (go to 4.4.3) 

Other (go to 4.4.4) 

37 
38 

If the judgment concerns more than one claimant or one defendant, attach an additional sheet. 
If the judgment concerns more than one claimant or one defendant, attach an additional sheet. 

EN 

84 

   EN 

 
 
 
                                                 
4.4. 

Terms of the judgment and interest 

4.4.1. 

Judgment for a monetary claim 

4.4.1.1.  The  court  has  ordered  …  (surname  and  given  name(s)/name  of  company  or 
organisation)  to  pay  to  …  (surname  and  given  name(s)/name  of  company  or 
organisation 

4.4.1.2.  Currency 

□  Euro  (EUR)  □  Bulgarian  lev  (BGN)  □  Czech  koruna  (CZK)  □  Hungarian 
forint  (HUF)  □  Lithuanian  litas  (LTL)  □  Latvian  lats  (LVL)  □  Polish  zloty 
(PLN)  □  Pound  Sterling  (GBP)  □  Romanian  leu  (RON)  □  Swedish  krona 
(SEK) □ Other (please specify ISO code): 

4.4.1.3.Principal amount: 

– 

– 

□ Amount to be paid in one sum: 

□ Amount not to be paid in one sum (please specify): 

4.4.1.4.  Interest, where applicable 

□ Interest awarded in the judgment:  

– 

– 

Amount:_____ 

, or 

rate … %. The interest should run from … (dd/mm/yyyy) to … (dd/mm/yyyy). 

□ Interest running as of the date of the judgment: 

– 

rate … %. 

4.4.2.  Declaratory judgment 

Short description of the facts of the case and the ruling by the court39  

4.4.3.  Provisional, including protective measure  

4.4.3.1.  Brief description of the measure ordered 

4.4.3.2.  The measure has been awarded by a court having jurisdiction as to the substance of 

the dispute 

□ yes, on the basis of Article __of Regulation ___of the European Parliament and of 
the Council amending Council Regulation (EC) No 44/2001 of 22 December 2000  

4.4.3.3.  Was the protective measure ordered without the defendant having been summoned to 

appear? 

□ No 

39 

Add an additional sheet if necessary. 

EN 

85 

   EN 

 
                                                 
□ Yes, and the defendant has the right to challenge the measure under national law 

4.4.4.  Other type of judgment 

Short description of the facts of the case and the ruling by the court40  

4.5. 

Costs 

4.5.1.1.  Currency 

□  Euro  (EUR)  □  Bulgarian  lev  (BGN)  □  Czech  koruna  (CZK)  □  Hungarian  forint 
(HUF)  □  Lithuanian  litas  (LTL)  □  Latvian  lats  (LVL)  □  Polish  zloty  (PLN)
 □  Pound  Sterling  (GBP)  □  Romanian  leu  (RON)  □  Swedish  krona  (SEK)  □ 
Other (please specify ISO code): 

4.5.1.2.  Does the defendant have to bear the costs of proceedings, fully or partially?  

□ Yes. Please specify which costs and indicate the amount (claimed or incurred). 

□ Court fees: … 

□ Lawyers' fees: …. 

□ Cost of service of documents: … 

□ Other: … 

□ No  

If additional pages have been attached, state the number of pages: … 

Done at: … 

Signature and/or stamp of the court of origin: 

40 

Add an additional sheet if necessary. 

EN 

86 

   EN 

                                                 
ANNEX VII 

CERTIFICATE CONCERNING AN AUTHENTIC INSTRUMENT OR COURT 
SETTLEMENT IN CIVIL AND COMMERCIAL MATTERS FOR WHICH A 
DECLARATION OF ENFORCEABILITY IS REQUIRED 

Articles 70 and 71 of Regulation ___ of the European Parliament and of the Council on 
jurisdiction and the recognition and enforcement of judgments in civil and commercial 
matters 

1. 

COURT OR COMPETENT AUTHORITY ISSUING THE CERTIFICATE 

1.1. 

Name: 

1.2 

Address: 

1.2.1. 

Street and number/PO box: 

1.2.2.  Place and postal code: 

1.2.3.  Member State 

AT □ BE □ BU □ CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ IE □ IT □ LT □ LU □ 
LV □ MT □ NL □ PL □ PT □ RO □ SE □ SI □ SK □ UK □ 

1.3. 

Telephone/Fax/E-mail: 

2. 

AUTHENTIC INSTRUMENT /COURT SETTLEMENT 

2.1. 

Date and reference number: 

2.2. 

The parties to the authentic instrument/court settlement41: 

2.2.1.  Name(s) of creditor(s) (surname, first name/name of the company or organisation): 

2.2.2.  Name(s) of debtor(s)(surname, first name/name of the company or organisation): 

2.2.3.  Name  of  other  party(ies),  if  any  (surname,  first  name/name  of  the  company  or 

organisation): 

2.3. Text of the enforceable obligation contained in the instrument/court settlement42: 

I,  the  undersigned,  hereby  certify  that  the  authentic  instrument/court  settlement  is 
enforceable in the Member State of origin against the parties set out in point 2.2.2 

. 

41 
42 

EN 

Delete as appropriate 
Add additional pages if necessary 

87 

   EN 

                                                 
If additional pages have been attached, state the number of pages: … 

Done at: … 

Signature and/or stamp of the court of origin or competent authority: 

EN 

88 

   EN 

ANNEX VIII 

The Member States and the rules referred to in Article 76 of Regulation ___ of the 
European Parliament and of the Council on jurisdiction and the recognition and 
enforcement of judgments in civil and commercial matters 

The Member States and the rules referred to in Article 76 are the following: 

Germany:  Articles  68,  72,  73  and  74  of  the  code  of  civil  procedure  (Zivilprozessordnung) 
concerning third-party notices,— 

Estonia:  Article  214(3)  and  (4)  and  Article  216  of  the  Code  of  Civil  Procedure 
(tsiviilkohtumenetluse seadustik) concerning third-party notices,— 

Latvia:  Articles  78,  79,  80  and  81  of  the  Civil  Procedure  Law  (Civilprocesa  likums) 
concerning third-party notices,— 

Lithuania: Article 47 of the Code of Civil Procedure (Civilinio proceso kodeksas),— 

Hungary: Articles 58 to 60 of the Code of Civil Procedure (Polgári perrendtartás) concerning 
third-party notices,— 

Austria:  Article  21  of  the  code  of  civil  procedure  (Zivilprozessordnung)  concerning  third-
party notices,— 

Poland: Articles 84 and 85 of the Code of Civil Procedure (Kodeks postępowania cywilnego) 
concerning third-partynotices (przypozwanie),— 

Slovenia:  Article  204  of  the  Civil  Procedure  Act  (Zakon  o  pravdnem  postopku)  concerning 
third-party notices. 

EN 

89 

   EN 

 
(cid:208) 44/2001 (adapted) 

ANNEX V 

EN 

90 

   EN 

 
 
ANNEX VI 

⌦ ANNEX IX ⌫ 

⌦ The conventions referred to in Article 80 of Regulation ___ of the European 
Parliament and of the Council on jurisdiction and the recognition and enforcement of 
judgments in civil and commercial matters)⌫ 

⌦ The conventions superseded pursuant to Article 80 are the following: ⌫ 

– 

– 

– 

– 

– 

The  Convention  between  Belgium  and  France  on  Jurisdiction  and  the  Validity  and 
Enforcement of Judgments, Arbitration Awards and Authentic Instruments, signed at 
Paris on 8 July 1899,  

the  Convention  between  Belgium  and  the  Netherlands  on  Jurisdiction,  Bankruptcy, 
and the Validity and Enforcement of Judgments, Arbitration Awards and Authentic 
Instruments, signed at Brussels on 28 March 1925,  

the Convention between France and Italy on the Enforcement of Judgments in Civil 
and Commercial Matters, signed at Rome on 3 June 1930,  

(cid:208) Corrigendum, OJ L 307, 
24.11.2001, p. 28 

the Convention between the United Kingdom and the French Republic providing for 
the  reciprocal  enforcement  of  judgments  in  civil  and  commercial  matters,  with 
Protocol, signed at Paris on 18 January 1934,  

the  Convention  between  the  United  Kingdom  and  the  Kingdom  of  Belgium 
providing  for  the  reciprocal  enforcement  of  judgments  in  civil  and  commercial 
matters, with Protocol, signed at Brussels on 2 May 1934, 

EN 

91 

   EN 

 
 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

(cid:208) 44/2001 

the Convention between Germany and Italy on the Recognition and Enforcement of 
Judgments in Civil and Commercial Matters, signed at Rome on 9 March 1936, 

the  Convention  between  Belgium  and  Austria  on  the  Reciprocal  Recognition  and 
Enforcement  of  Judgments  and  Authentic  Instruments  relating  to  Maintenance 
Obligations, signed at Vienna on 25 October 1957, 

the  Convention  between  Germany  and  Belgium  on  the  Mutual  Recognition  and 
Enforcement  of  Judgments,  Arbitration  Awards  and  Authentic  Instruments  in  Civil 
and Commercial Matters, signed at Bonn on 30 June 1958, 

the  Convention  between  the  Netherlands  and  Italy  on  the  Recognition  and 
Enforcement of Judgments in Civil and Commercial Matters, signed at Rome on 17 
April 1959, 

the  Convention  between  Germany  and  Austria  on  the  Reciprocal  Recognition  and 
Enforcement  of  Judgments,  Settlements  and  Authentic  Instruments  in  Civil  and 
Commercial Matters, signed at Vienna on 6 June 1959, 

the  Convention  between  Belgium  and  Austria  on  the  Reciprocal  Recognition  and 
Enforcement of Judgments, Arbitral Awards and Authentic Instruments in Civil and 
Commercial Matters, signed at Vienna on 16 June 1959, 

(cid:208) Corrigendum, OJ L 307, 
24.11.2001, p. 28 

the Convention between the United Kingdom and the Federal Republic of Germany 
for the reciprocal recognition and enforcement of judgments in civil and commercial 
matters, signed at Bonn on 14 July 1960, 

the  Convention  between  the  United  Kingdom  and  Austria  providing  for  the 
reciprocal  recognition  and  enforcement  of  judgments  in  civil  and  commercial 
matters, signed at Vienna on 14 July 1961, with amending Protocol signed at London 
on 6 March 1970, 

(cid:208) 44/2001 

the  Convention  between  Greece  and  Germany  for  the  Reciprocal  Recognition  and 
Enforcement  of  Judgments,  Settlements  and  Authentic  Instruments  in  Civil  and 
Commercial Matters, signed in Athens on 4 November 1961, 

the Convention between Belgium and Italy on the Recognition and Enforcement of 
Judgments  and  other  Enforceable  Instruments  in  Civil  and  Commercial  Matters, 
signed at Rome on 6 April 1962, 

the  Convention  between  the  Netherlands  and  Germany  on  the  Mutual  Recognition 
and  Enforcement  of  Judgments  and  Other  Enforceable  Instruments  in  Civil  and 
Commercial Matters, signed at The Hague on 30 August 1962, 

EN 

92 

   EN 

 
 
 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the Convention between the Netherlands and Austria on the Reciprocal Recognition 
and Enforcement of Judgments and Authentic Instruments in Civil and Commercial 
Matters, signed at The Hague on 6 February 1963, 

(cid:208) Corrigendum, OJ L 307, 
24.11.2001, p. 28 

the  Convention  between  the  United  Kingdom  and  the  Republic  of  Italy  for  the 
reciprocal  recognition  and  enforcement  of  judgments  in  civil  and  commercial 
matters,  signed  at  Rome  on  7  February  1964,  with  amending  Protocol  signed  at 
Rome on 14 July 1970, 

the Convention between France and Austria on the Recognition and Enforcement of 
Judgments  and  Authentic  Instruments  in  Civil  and  Commercial  Matters,  signed  at 
Vienna on 15 July 1966, 

(cid:208) 44/2001 

(cid:208) Corrigendum, OJ L 307, 
24.11.2001, p. 28 

the  Convention  between  the  United  Kingdom  and  the  Kingdom  of  the  Netherlands 
providing  for  the  reciprocal  recognition  and  enforcement  of  judgments  in  civil 
matters, signed at The Hague on 17 November 1967, 

(cid:208) 44/2001 

the  Convention  between  Spain  and  France  on  the  Recognition  and  Enforcement  of 
Judgment Arbitration Awards in Civil and Commercial Matters, signed at Paris on 28 
May 1969, 

the  Convention  between  Luxembourg  and  Austria  on  the  Recognition  and 
Enforcement  of  Judgments  and  Authentic  Instruments  in  Civil  and  Commercial 
Matters, signed at Luxembourg on 29 July 1971, 

the  Convention  between  Italy  and  Austria  on  the  Recognition  and  Enforcement  of 
Judgments  in  Civil  and  Commercial  Matters,  of  Judicial  Settlements  and  of 
Authentic Instruments, signed at Rome on 16 November 1971, 

the  Convention  between  Spain  and  Italy  regarding  Legal  Aid  and  the  Recognition 
and Enforcement of Judgments in Civil and Commercial Matters, signed at Madrid 
on 22 May 1973, 

the  Convention  between  Finland,  Iceland,  Norway,  Sweden  and  Denmark  on  the 
Recognition and Enforcement of Judgments in Civil Matters, signed at Copenhagen 
on 11 October 1977, 

the Convention between Austria and Sweden on the Recognition and Enforcement of 
Judgments in Civil Matters, signed at Stockholm on 16 September 1982, 

EN 

93 

   EN 

 
 
 
 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the  Convention  between  Spain  and  the  Federal  Republic  of  Germany  on  the 
Recognition and Enforcement of Judgments, Settlements and Enforceable Authentic 
Instruments in Civil and Commercial Matters, signed at Bonn on 14 November 1983, 

the Convention between Austria and Spain on the Recognition and Enforcement of 
Judgments,  Settlements  and  Enforceable  Authentic  Instruments  in  Civil  and 
Commercial Matters, signed at Vienna on 17 February 1984, 

the Convention between Finland and Austria on the Recognition and Enforcement of 
Judgments in Civil Matters, signed at Vienna on 17 November 1986, 

the  Treaty  between  Belgium,  the  Netherlands  and  Luxembourg  in  Jurisdiction, 
Bankruptcy,  and  the  Validity  and  Enforcement  of  Judgments,  Arbitration  Awards 
and Authentic Instruments, signed at Brussels on 24 November 1961, in so far as it is 
in force, 

(cid:208) 2003 Accession Act, Art. 20 
and Annex II, p. 715 

the Convention between the Czechoslovak Republic and Portugal on the Recognition 
and Enforcement of Court Decisions, signed at Lisbon on 23 November 1927, still in 
force between the Czech Republic and Portugal, 

the  Convention  between  the  Federative  People's  Republic  of  Yugoslavia  and  the 
Republic  of  Austria  on  Mutual  Judicial  Cooperation,  signed  at  Vienna  on  16 
December 1954, 

the  Convention  between  the  Polish  People's  Republic  and  the  Hungarian  People's 
Republic  on  the  Legal  Assistance  in  Civil,  Family  and  Criminal  Matters,  signed  at 
Budapest on 6 March 1959, 

the  Convention  between  the  Federative  People's  Republic  of  Yugoslavia  and  the 
Kingdom  of  Greece  on  the  Mutual  Recognition  and  Enforcement  of  Judgments, 
signed at Athens on 18 June 1959, 

the  Convention  between  the  Polish  People's  Republic  and  the  Federative  People's 
Republic  of  Yugoslavia  on  the  Legal  Assistance  in  Civil  and  Criminal  Matters, 
signed at Warsaw on 6 February 1960, now in force between Poland and Slovenia, 

the  Agreement  between  the  Federative  People's  Republic  of  Yugoslavia  and  the 
Republic of Austria on the Mutual Recognition and Enforcement of Arbitral Awards 
and  Arbitral  Settlements  in  Commercial  Matters,  signed  at  Belgrade  on  18  March 
1960, 

the  Agreement  between  the  Federative  People's  Republic  of  Yugoslavia  and  the 
Republic  of  Austria  on  the  Mutual  Recognition  and  Enforcement  of  Decisions  in 
Alimony Matters, signed at Vienna on 10 October 1961, 

the  Convention  between  Poland  and  Austria  on  Mutual  Relations  in  Civil  Matters 
and on Documents, signed at Vienna on 11 December 1963, 

EN 

94 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the Treaty between the Czechoslovak Socialist Republic and the Socialist Federative 
Republic  of  Yugoslavia  on  Settlement  of  Legal  Relations  in  Civil,  Family  and 
Criminal Matters, signed at Belgrade on 20 January 1964, still in force between the 
Czech Republic, Slovakia and Slovenia, 

the Convention between Poland and France on Applicable Law, Jurisdiction and the 
Enforcement  of  Judgments  in  the  Field  of  Personal  and  Family  Law,  concluded  in 
Warsaw on 5 April 1967, 

the  Convention  between  the  Governments  of  Yugoslavia  and  France  on  the 
Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed 
at Paris on 18 May 1971, 

the  Convention  between  the  Federative  Socialist  Republic  of  Yugoslavia  and  the 
Kingdom  of  Belgium  on  the  Recognition  and  Enforcement  of  Court  Decisions  in 
Alimony Matters, signed at Belgrade on 12 December 1973, 

the  Convention  between  Hungary  and  Greece  on  Legal  Assistance  in  Civil  and 
Criminal Matters, signed at Budapest on 8 October 1979, 

the  Convention  between  Poland  and  Greece  on  Legal  Assistance  in  Civil  and 
Criminal Matters, signed at Athens on 24 October 1979, 

the  Convention  between  Hungary  and  France  on  Legal  Assistance  in  Civil  and 
Family  Law,  on  the  Recognition  and  Enforcement  of  Decisions  and  on  Legal 
Assistance  in  Criminal  Matters  and  on  Extradition,  signed  at  Budapest  on  31  July 
1980, 

the  Treaty  between  the  Czechoslovak  Socialist  Republic  and  the  Hellenic  Republic 
on Legal Aid in Civil and Criminal Matters, signed at Athens on 22 October 1980, 
still in force between the Czech Republic, Slovakia and Greece, 

the  Convention  between  the  Republic  of  Cyprus  and  the  Hungarian  People's 
Republic on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 30 
November 1981, 

the  Treaty  between  the  Czechoslovak  Socialistic  Republic  and  the  Republic  of 
Cyprus  on  Legal  Aid  in  Civil  and  Criminal  Matters,  signed  at  Nicosia  on  23  April 
1982, still in force between the Czech Republic, Slovakia and Cyprus, 

the Agreement between the Republic of Cyprus and the Republic of Greece on Legal 
Cooperation  in  Matters  of  Civil,  Family,  Commercial  and  Criminal  Law,  signed  at 
Nicosia on 5 March 1984, 

the Treaty between the Government of the Czechoslovak Socialist Republic and the 
Government  of  the  Republic  of  France  on  Legal  Aid  and  the  Recognition  and 
Enforcement of Judgments in Civil, Family and Commercial Matters, signed at Paris 
on 10 May 1984, still in force between the Czech Republic, Slovakia and France, 

the Agreement between the Republic of Cyprus and the Socialist Federal Republic of 
Yugoslavia on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 
19 September 1984, now in force between Cyprus and Slovenia, 

EN 

95 

   EN 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the Treaty between the Czechoslovak Socialist Republic and the Italian Republic on 
Legal Aid in Civil and Criminal Matters, signed at Prague on 6 December 1985, still 
in force between the Czech Republic, Slovakia and Italy, 

the Treaty between the Czechoslovak Socialist Republic and the Kingdom of Spain 
on  Legal  Aid,  Recognition  and  Enforcement  of  Court  Decisions  in  Civil  Matters, 
signed at Madrid on 4 May 1987, still in force between the Czech Republic, Slovakia 
and Spain, 

the  Treaty  between  the  Czechoslovak  Socialist  Republic  and  the  Polish  People's 
Republic  on  Legal  Aid  and  Settlement  of  Legal  Relations  in  Civil,  Family,  Labour 
and Criminal Matters, signed at Warsaw on 21 December 1987, still in force between 
the Czech Republic, Slovakia and Poland, 

the Treaty between the Czechoslovak Socialist Republic and the Hungarian People's 
Republic  on  Legal  Aid  and  Settlement  of  Legal  Relations  in  Civil,  Family  and 
Criminal Matters, signed at Bratislava on 28 March 1989, still in force between the 
Czech Republic, Slovakia and Hungary, 

the Convention between Poland and Italy on Judicial Assistance and the Recognition 
and Enforcement of Judgments in Civil Matters, signed at Warsaw on 28 April 1989, 

the  Treaty  between  the  Czech  Republic  and  the  Slovak  Republic  on  Legal  Aid 
provided by Judicial Bodies and on Settlements of Certain Legal Relations in Civil 
and Criminal Matters, signed at Prague on 29 October 1992, 

the  Agreement  between  the  Republic  of  Latvia,  the  Republic  of  Estonia  and  the 
Republic of Lithuania on Legal Assistance and Legal Relationships, signed at Tallinn 
on 11 November 1992, 

the  Agreement  between  the  Republic  of  Poland  and  the  Republic  of  Lithuania  on 
Legal Assistance and Legal Relations in Civil, Family, Labour and Criminal Matters, 
signed in Warsaw on 26 January 1993, 

the Agreement between the Republic of Latvia and the Republic of Poland on Legal 
Assistance and  Legal Relationships in Civil, Family, Labour and Criminal Matters, 
signed at Riga on 23 February 1994, 

the Agreement between the Republic of Cyprus and the Republic of Poland on Legal 
Cooperation in Civil and Criminal Matters, signed at Nicosia on 14 November 1996, 
and 

the Agreement between Estonia and Poland on Granting Legal Assistance and Legal 
Relations on Civil, Labour and Criminal Matters, signed at Tallinn on 27 November 
1998, 

the Convention between Bulgaria and Belgium on certain Judicial Matters, signed at 
Sofia on 2 July 1930, 

(cid:208) 1791/2006 Art. 1(1) and Annex 
pt 11(A) 

EN 

96 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the  Agreement  between  the  People's  Republic  of  Bulgaria  and  the  Federative 
People's Republic of Yugoslavia on Mutual Legal Assistance, signed at Sofia on 23 
March 1956, still in force between Bulgaria and Slovenia, 

the Treaty between the People's Republic of Romania and the People's Republic of 
Hungary  on  Legal  Assistance  in  Civil,  Family  and  Criminal  Matters,  signed  at 
Bucharest on 7 October 1958, 

the  Treaty  between  the  People's  Republic  of  Romania  and  the  Czechoslovak 
Republic  on  Legal  Assistance  in  Civil,  Family  and  Criminal  Matters,  signed  at 
Prague on 25 October 1958, still in force between Romania and Slovakia, 

the Agreement between the People's Republic of Bulgaria and the Romanian People's 
Republic on Legal Assistance in Civil, Family and Criminal Matters, signed at Sofia 
on 3 December 1958, 

the  Treaty  between  the  People's  Republic  of  Romania  and  the  Federal  People's 
Republic of Yugoslavia on Legal Assistance, signed at Belgrade on 18 October 1960 
and its Protocol, still in force between Romania and Slovenia, 

the  Agreement  between  the  People's  Republic  of  Bulgaria  and  the  Polish  People's 
Republic  on  Legal  Assistance  and  Legal  Relations  in  Civil,  Family  and  Criminal 
Matters, signed at Warsaw on 4 December 1961, 

the  Convention  between  the  Socialist  Republic  of  Romania  and  the  Republic  of 
Austria on Legal Assistance in Civil and Family law and the Validity and Service of 
Documents and its annexed Protocol, signed at Vienna on 17 November 1965, 

the  Agreement  between  the  People's  Republic  of  Bulgaria  and  the  Hungarian 
People's Republic on Legal Assistance in Civil, Family and Criminal Matters, signed 
at Sofia on 16 May 1966, 

the  Convention  between  the  Socialist  Republic  of  Romania  and  the  Hellenic 
Republic on Legal Assistance in Civil and Criminal Matters and its Protocol, signed 
at Bucharest on 19 October 1972, 

the Convention between the Socialist Republic of Romania and the Italian Republic 
on  Judicial  Assistance  in  Civil  and  Criminal  Matters,  signed  at  Bucharest  on  11 
November 1972, 

the Convention between the Socialist Republic of Romania and the French Republic 
on  Legal  Assistance  in  Civil  and  Commercial  Matters,  signed  at  Paris  on  5 
November 1974, 

the  Convention  between  the  Socialist  Republic  of  Romania  and  the  Kingdom  of 
Belgium on Legal Assistance in Civil and Commercial Matters, signed at Bucharest 
on 30 October 1975, 

the Agreement between the People's Republic of Bulgaria and the Hellenic Republic 
on  Legal  Assistance  in  Civil  and  Criminal  Matters,  signed  at  Athens  on  10  April 
1976, 

EN 

97 

   EN 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the  Agreement  between  the  People's  Republic  of  Bulgaria  and  the  Czechoslovak 
Socialist Republic on Legal Assistance and Settlement of Relations in Civil, Family 
and Criminal Matters, signed at Sofia on 25 November 1976, 

the Convention between the Socialist Republic of Romania and the United Kingdom 
of Great Britain and Northern Ireland on Legal Assistance in Civil and Commercial 
Matters, signed at London on 15 June 1978, 

the  Additional  Protocol  to  the  Convention  between  the  Socialist  Republic  of 
Romania  and  the  Kingdom  of  Belgium  on  Legal  Assistance  Civil  and  Commercial 
Matters, signed at Bucharest on 30 October 1979, 

the  Convention  between  the  Socialist  Republic  of  Romania  and  the  Kingdom  of 
Belgium  on  Recognition  and  Enforcement  of  Decisions  in  Alimony  Obligations, 
signed at Bucharest on 30 October 1979, 

the  Convention  between  the  Socialist  Republic  of  Romania  and  the  Kingdom  of 
Belgium on Recognition and Enforcement of Divorce Decisions, signed at Bucharest 
on 6 November 1980, 

the  Agreement  between  the  People's  Republic  of  Bulgaria  and  the  Republic  of 
Cyprus on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 29 
April 1983, 

the Agreement between the Government of the People's Republic of Bulgaria and the 
Government  of  the  French  Republic  on  Mutual  Legal  Assistance  in  Civil  Matters, 
signed at Sofia on 18 January 1989, 

the Agreement between the People's Republic of Bulgaria and the Italian Republic on 
Legal Assistance and Enforcement of Decisions in Civil Matters, signed at Rome on 
18 May 1990, 

the  Agreement  between  the  Republic  of  Bulgaria  and  the  Kingdom  of  Spain  on 
Mutual Legal Assistance in Civil Matters, signed at Sofia on 23 May 1993, 

the Treaty between Romania and the Czech Republic on Judicial Assistance in Civil 
Matters, signed at Bucharest on 11 July 1994, 

the  Convention  between  Romania  and  the  Kingdom  of  Spain  on  Jurisdiction, 
Recognition and Enforcement of Decisions in Civil and Commercial Matters, signed 
at Bucharest on 17 November 1997, 

the Convention between  Romania and the Kingdom  of Spain —  complementary to 
the Hague Convention relating to civil procedure law (Hague, 1 March 1954), signed 
at Bucharest on 17 November 1997, 

the  Treaty  between  Romania  and  the  Republic  of  Poland  on  Legal  Assistance  and 
Legal Relations in Civil Cases, signed at Bucharest on 15 May 1999. 

EN 

98 

   EN 

(cid:207) 

ANNEX X 

Repealed Regulation with list of its successive amendments 

Council Regulation (EC) No 44/2001 OJ L012, 16.01.2001 

Commission Regulation (EC) No 1496/2002 
(OJ L 225, 22.8.2002, p. 13) 

Point 18(A)(3) of Annex II to the 2003 Act of Accession 
(OJ L 236, 23.9.2003, p. 561) 

Commission Regulation (EC) No 1937/2004 
(OJ L 334, 10.11.2004, p. 3) 

Commission Regulation (EC) No 2245/2004 
(OJ L 381, 28.12.2004, p. 10) 

Council Regulation (EC) No 1791/2006 
(OJ L 363, 20.12.2006, p. 1) 

Regulation (EC) No 1103/2008 
(OJ L 304, 14.11.2008, p. 80) 

Commission Regulation (EC) No 280/2009 
(OJ L 093, 7.4.2009, p. 13) 

Commission Regulation (EU) No 416/2010 
(OJ L 119, 13.5.2010, p. 7) 

_____________ 

only point 11(A)(2) of the 
Annex 

only point 1 of the Annex 

EN 

99 

   EN 

 
 
 
 
 
 
 
 
 
 
 
ANNEX XI 

CORRELATION TABLE 

Regulation (EC) No 44/2001 

This Regulation 

Article 1(1) 

Article 1(1) 

Article 1(2), introductory words 

Article 1(2), introductory words 

Article 1(2)(a) to (d) 

Article 1(2)(a) to (d) 

________ 

Article 1(3) 

________ 

Article 2 

Article 3(1) 

Article 3(2) 

________ 

Article 4 

Article 1(2)(e) 

Article 1(3) 

Article 2 

Article 3 

Article 4(1) 

________ 

Article 4(2) 

________ 

Article 5, introductory words 

Article 5, introductory words 

Article 5(1) 

Article 5(2) 

Article 5(3) 

________ 

Article 5(1) 

________ 

Article 5(2) 

Article 5(3) 

Article 5(4) to (7) 

Article 5(4) to (7) 

Article 6  

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

EN 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

100 

   EN 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20 

Article 21 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20 

Article 21 

Article 22, introductory words 

Article 22, introductory words 

Article 22 (1)  

________ 

Article 22 (2) to (5) 

Article 23(1) to (2) 

Article 23(3) 

Article 22 (1) (a) 

Article 22 (1) (b) 

Article 22 (2) to (5) 

Article 23(1) to (2) 

________ 

Article 23(4) to (5) 

Article 23(3) to (4) 

Article 24 

________ 

________ 

________ 

Article 25 

Article 26 (1) to (2) 

Article 26 (3) to (4) 

Article 27(1) 

________ 

Article 24 (1) 

Article 24 (2) 

Article 25 

Article 26 

Article 27 

Article 28(1) 

Article 28 (2) to (3) 

Article 29(1) 

Article 29(2) 

EN 

101 

   EN 

Article 27(2) 

________ 

Article 28 

________ 

Article 29 

________ 

Article 30 

________ 

________ 

________ 

________ 

Article 31 

Article 32 

________ 

________ 

________ 

________ 

________ 

________ 

________ 

________ 

________ 

________ 

Article 33 

Article 34 

Article 35 

Article 29(3) 

Article 29(4) 

Article 30 

Article 31 

Article 32(1) 

Article 32(2) 

Article 33(1)(a) and (b) 

Article 33(1), second supparagraph 

Article 33(2) to (3) 

Article 34 

Article 35 

Article 36 

Article 2(a) 

Article 37 

Article 38 

Article 39 

Article 40 

Article 41 

Article 42 

Article 43 

Article 44 

Article 45 

Article 46 

Article 47 

Article 48 

________ 

EN 

102 

   EN 

Article 36 

Article 37(1) 

Article 37(2) 

Article 38(1) 

Article 38(2) 

Article 39 

Article 40(1) 

Article 40(2)  

Article 40(3) 

Article 41 

Article 42 

Article 43 

Article 44 

Article 45(1) 

Article 45(2) 

________ 

Article 46(1) 

Article 46(2) to (3) 

Article 47 

Article 48 

Article 49 

Article 50 

Article 51 

Article 52 

_______ 

_______ 

Article 64 

Article 49 

________ 

Article 50 

________ 

Article 51 

Article 52(1) 

Article 65 

Article 52(2) 

Article 54 

Article 55 

Article 56 

Article 57 

Article 58(1) and (3) 

Article 64 

Article 58(2)  

Article 59 

________ 

Article 60 

Article 61 

Article 67 

Article 62 

Article 68 

Article 63 

Article 66 

Article 69 

EN 

103 

   EN 

Article 53 

Article 54 

Article 55 

Article 56 

Article 57(1) 

Article 57(2) 

Article 57(3) 

Article 57(4) 

Article 58 

Article 59(1) 

Article 59(2) 

Article 60 

Article 61 

Article 62 

Article 63 

Article 64 

Article 65(1) 

_______ 

Article 65(2) 

Article 66 

Article 67 

Article 68 

Article 69 

Article 70 

Article 71 

Article 72 

Article 52(2)(a) 

Article 52(2) b 

Article 53 

Article 72 

Article 70(1) 

________ 

Article 70(2) 

Article 70(3) 

Article 71 

Article 73 

_______ 

Article 74 

Article 75 

_______ 

_______ 

_______ 

Article 76(1) 

Article 76(1), second subparagraph 

Article 76(2) 

Article 77 

Article 78 

Article 79 

Article 80 

Article 81 

Article 82 

Article 83 

EN 

104 

   EN 

_______ 

Article 73 

_______ 

_______ 

_______ 

Article 74(1) 

Article 74(2) 

_______ 

_______ 

_______ 

_______ 

Article 75 

Article 76 

Annexes I to III 

Annex IV 

_______ 

Annex V 

Annex VI 

________ 

Article 84 

_______ 

Article 85 

Article 86 

Article 87 

Article 88(1) 

Article 88(2) 

Article 89 

Article 90 

Article 91 

Article 92 

_______ 

Article 93 

_______ 

_______ 

Annexes I to IV 

Annex VI 

Annex VII 

Annexes VIII to XI 

EN 

105 

   EN